Louisiana House Bill HB399

Louisiana 2021 Regular Session

• Introduced: 4/1/21
• Refer: 4/1/21
• Refer: 4/12/21
• Report Pass: 4/28/21

Caption

Allows state and private landowners to enter into boundary agreements concerning disputed property

Impact

HB 399 aims to provide a framework for resolving disputes over water bottom ownership, which can often lead to conflicts between state and private interests. By enabling the state to accept donations of land or water bottoms under certain conditions, the bill seeks to enhance public access and use of these resources. Additionally, the legislation mandates that every agreement includes the public's permanent right of regulated access, thus maintaining some level of public interest in valuable water bodies while delineating private ownership.

Summary

House Bill 399 is designed to facilitate agreements between the state of Louisiana and private riparian landowners regarding water bottom boundaries. The legislation empowers the commissioner of administration to negotiate and establish permanent boundaries within water bodies, ensuring clarity regarding ownership of the water bottom and mineral rights. This bill specifically addresses situations of disputed property, especially amidst concerns related to natural phenomena that could affect land boundaries, such as erosion and rising sea levels.

Sentiment

The sentiment surrounding HB 399 appears to be supportive among stakeholders who recognize the potential for clearer property rights and enhanced access to waterways. Proponents argue that this bill could lead to more effective management of water resources and facilitate cooperative relationships between the state and private landowners. However, there may also be criticisms regarding the implications for public access versus private rights, as well as concerns over how agreements are structured and their long-term implications on resource management.

Contention

Notable points of contention may arise during discussions about the balance between state control and private ownership, especially in how agreements are reached and how they might evolve in response to environmental changes. Critics of such agreements might express concerns about the potential for overreach by the state, as well as the impact these arrangements may have on local communities and ecosystems. Issues relating to the rights and privileges bestowed upon riparian landowners versus the public's interest in access to navigable waters are likely to be central in debates within legislative sessions.