Louisiana 2021 2021 Regular Session

Louisiana House Bill HB331 Comm Sub / Analysis

                    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, ยงยง3 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.
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.