Louisiana House Bill HB331

Louisiana 2021 Regular Session

• Introduced: 3/31/21
• Refer: 3/31/21
• Refer: 4/12/21
• Refer: 4/28/21
• Refer: 4/29/21
• Report Pass: 5/3/21

Caption

(Constitutional Amendment) Authorizes the state to enter into certain agreements with landowners concerning boundaries between state claimed and privately claimed water bottoms (RE SEE FISC NOTE SG EX See Note)

Impact

The bill's implications are significant, as it modifies existing constitutional provisions that prevent the alienation of state-controlled water bottoms. By permitting agreements that look beyond navigability and ensure public access rights, the amendment aims to create a more adaptable legal framework for managing water bottoms under Louisiana's jurisdiction. This shift could potentially smooth the process of negotiations between the state and private landowners, encouraging better management of natural resources and public access.

Summary

House Bill 331 proposes a constitutional amendment authorize the state of Louisiana to enter into agreements with riparian landowners concerning the establishment of permanent boundaries between state-owned or claimed and privately owned or claimed water bottoms. This change aims to allow for greater flexibility in ownership through agreements that extend beyond traditional navigability constraints. Under this proposal, the state seeks to facilitate the establishment of boundaries regardless of whether a body of water is classified as navigable and provides mechanisms for both the acceptance of land donations and the reservation of mineral rights by landowners.

Sentiment

Overall sentiment around HB 331 seems to reflect a general support for increased collaboration between the state and private landowners, with arguments made in favor of potential economic benefits and enhanced management of coastal resources. However, the proposal has also faced scrutiny, particularly from those concerned about the implications for public access and the potential for private entities to gain excessive control over previously public land. Thus, discussions highlight a tension between local interests and state authority over natural resources.

Contention

Notable points of contention include whether the amendment diminishes public rights by potentially favoring private land interests at the expense of community accessibility to waterways. Critics may argue that the amendment could lead to privatization of public waterways, while supporters might contend that careful negotiation terms can safeguard public access. The balance between advancing private property rights and protecting community interest in water resources will likely be a central theme in ongoing discussions surrounding HB 331.