HLS 21RS-713 REENGROSSED
2021 Regular Session
HOUSE BILL NO. 331
BY REPRESENTATIVE BOURRIAQUE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PUBLIC LANDS/STATE: (Constitutional Amendment) Authorizes the state to enter into
certain agreements with landowners concerning boundaries between state claimed
and privately claimed water bottoms
1 A JOINT RESOLUTION
2Proposing to amend Article IX, Sections 3 and 4(A) of the Constitution of Louisiana,
3 relative to water bottoms; to provide relative to water bottom boundary agreements
4 between state and private landowners; to provide for public access and the
5 reservation of mineral rights; to provide certain terms and conditions; to specify an
6 election for submission of the proposition to electors and provide a ballot
7 proposition; and to provide for related matters.
8 Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members
9elected to each house concurring, that there shall be submitted to the electors of the state, for
10their approval or rejection in the manner provided by law, a proposal to amend Article IX,
11Sections 3 and 4(A) of the Constitution of Louisiana, to read as follows:
12 §3. Alienation of Water Bottoms
13 Section 3. (A) The Except as provided in this Section, the legislature shall
14 neither alienate nor authorize the alienation of the bed of a navigable water body,
15 body except for purposes of reclamation by the riparian owner to recover land lost
16 through erosion. This Section shall not prevent the leasing of state lands or water
17 bottoms for mineral or other purposes. Except as provided in this Section, the bed
18 of a navigable water body may be reclaimed only for public use.
19 (B) This Section shall not prevent the following:
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1 (1) The leasing of state lands or water bottoms for mineral or other purposes.
2 (2) The state from alienating the bed of a navigable water body for the
3 purpose of reclamation by the riparian owner to recover land lost though erosion,
4 subsidence, or sea level rise.
5 (3) The state from entering into agreements with riparian landowners to
6 establish a permanent, fixed boundary within a body of water, regardless of its
7 navigability and regardless of whether the body of water is a lake, river, stream, or
8 seashore, which establishes ownership between the state and the riparian owner. This
9 boundary, once established, shall not alter or affect ownership of the portion of the
10 water bottom allocated to the riparian landowner, regardless of its present or future
11 navigability, and shall extend to any water bottom, whether navigable or not, created
12 by subsequent erosion, subsidence, sea level rise, or other similar loss of the riparian
13 land.
14 (4) The state from accepting a donation of any riparian landowner owned or
15 claimed lands or water bottoms, subject to perpetual reservation of minerals,
16 regardless of any subsequent erosion, subsidence, sea level rise, or other similar loss
17 of the land donated, or of the present or future navigability of the water bottom
18 donated.
19 (5) An agreement or donation authorized by Subparagraph (3) or (4) of this
20 Paragraph shall provide , at a minimum, that the public has a permanent right of
21 reasonable, regulated access over an agreed portion of the water bottoms allocated
22 to the riparian landowner, which shall proportionately extend to and over future
23 water bottoms created from the riparian land as a result of natural erosion,
24 subsidence, or sea level rise, or other similar loss, regardless of such water bottom's
25 present or future navigability.
26 (6) Subparagraphs (3), (4), and (5) of this Paragraph shall only apply to the
27 coastal zone as set forth in R.S. 49:214.24.
28 (7) The state is authorized to enter into negotiations with riparian landowners
29 relative to surface and mineral ownership interests pursuant to Subparagraphs (3),
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1 (4), and (5) of this Paragraph and to enter into such agreements, covenants,
2 conditions and stipulations and to execute such documents as necessary to properly
3 effectuate any such agreement.
4 §4. Reservation of Mineral Rights; Prescription
5 Section 4.(A) Reservation of Mineral Rights. (1) The mineral rights on
6 property sold by the state shall be reserved, except when the owner or person having
7 the right to redeem buys or redeems property sold or adjudicated to the state for
8 taxes.
9 (2) The mineral rights on land, contiguous to and abutting navigable
10 waterbottoms water bottoms reclaimed by the state through the implementation and
11 construction of coastal restoration projects shall be reserved, except when the state
12 and the landowner having the right to reclaim or recover the land have agreed to the
13 disposition of mineral rights, in accordance with the conditions and procedures
14 provided by law.
15 (3) The state may agree to the disposition of mineral rights underlying a
16 body of water, regardless of its navigability and regardless of whether the body of
17 water is a lake, river, stream, or seashore, the ownership of which is subject to an
18 agreement authorized by Article IX, Section 3(B)(3) and (4) of this Constitution.
19 * * *
20 Section 2. Be it further resolved that this proposed amendment shall be submitted
21to the electors of the state of Louisiana at the statewide election to be held on November 7,
222084.
23 Section 3. Be it further resolved that on the official ballot to be used at the election
24there shall be printed a proposition, upon which the electors of the state shall be permitted
25to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as
26follows:
27 Do you support an amendment that allows the state to enter into boundary
28 agreements with landowners that establish ownership of certain water
29 bottoms, including underlying mineral rights, regardless of current or future
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1 navigability and regardless of whether the water bottom forms part of a lake,
2 river, or stream, in return for reasonable, regulated public access over
3 portions of the water bottoms allocated to the landowner?
4 (Amends Article IX, Sections 3 and 4(A))
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 331 Reengrossed 2021 Regular Session Bourriaque
Abstract: Authorizes the state to enter into agreements with riparian landowners to
establish a permanent, fixed boundary between state owned or claimed and privately owned
or claimed water bottoms.
Present constitution prohibits the state from alienating the bed of a navigable water body
except for purposes of reclamation by the riparian owner of property lost through erosion.
Further, requires that the reclamation of water bottoms be only for public use, except as
provided in present constitution.
Present constitution provides that the prohibition on alienating the water bottoms of
navigable water bodies does not apply to leasing of water bottoms for minerals or other
purposes.
Proposed constitution authorizes the state to enter into agreements with riparian landowners
to establish a permanent, fixed boundary between state owned or claimed and privately
owned or claimed water bottoms, regardless of the navigability of the water body.
Proposed constitution authorizes the state in such agreements to accept a donation of any
riparian landowner owned or claimed lands or water bottoms, subject to a perpetual
reservation of minerals, regardless of any subsequent erosion or loss of the land donated, or
of the present or future navigability of the water bottom donated. However, all such
agreements must provide, at minimum, that the public enjoy a permanent right of reasonable,
regulated public access over all present water bottoms allocated to the riparian landowner
and all future water bottoms created from the riparian land as a result of natural erosion,
subsidence or rising sea levels.
Proposed constitution authorizes the state to negotiate surface and mineral interests with
riparian land owners.
Specifies submission of the amendment to the voters at the statewide election to be held on
Nov. 7, 2084.
(Amends Article IX, §§3 and 4(A))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Natural Resources and
Environment to the original bill:
1. Clarify that certain proposed law provisions only apply to the coastal zone.
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2. Authorize the state to negotiate surface and mineral interests with riparian land
owners.
3. Specify that "at a minimum" agreements entered into between the state and
riparian land owners include certain information.
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the engrossed bill:
1. Remove the term "riparian" from the ballot language.
2. Change proposed election date to Nov. 7, 2084.
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