HLS 21RS-788 ORIGINAL
2021 Regular Session
HOUSE BILL NO. 399
BY REPRESENTATIVE CARRIER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PUBLIC LANDS/STATE: Allows state and private landowners to enter into boundary
agreements concerning disputed property
1 AN ACT
2To enact Part III of Chapter 4 of Title 41 of the Louisiana Revised Statutes of 1950, to be
3 comprised of R.S. 41:211, relative to water bottom boundary agreements; to provide
4 for water bottom boundary agreements between state and private landowners; to
5 provide certain terms, conditions, procedures, and requirements; to provide for an
6 effective date; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. Part III of Chapter 4 of Title 41 of the Louisiana Revised Statutes of 1950,
9to be comprised of R.S. 41:211, is hereby enacted to read as follows:
10 PART III. WATER BOTTOM BOUNDARY AGREEMENTS
11 §211. Authority to enter water bottom boundary agreements
12 A. The commissioner of administration may enter into agreements with
13 riparian landowners to establish a permanent, fixed boundary within a body of water,
14 regardless of its current or future navigability and regardless of whether the body of
15 water is a lake, river, stream, or seashore, which establishes ownership of the water
16 bottom and the underlying mineral rights as between the state and the riparian owner.
17 B. The agreements shall provide that ownership of the portion of the water
18 bottom allocated to the riparian landowner may extend to future water bottoms,
19 regardless of navigability, created by subsequent erosion, subsidence, rising sea
20 levels, or other similar loss of the riparian land.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-788 ORIGINAL
HB NO. 399
1 C. The state may accept a donation of any lands or water bottoms owned or
2 claimed by a riparian landowner, subject to a perpetual reservation of minerals,
3 regardless of any subsequent erosion, subsidence, sea level rise, or other similar loss
4 of the land donated, or of the present or future navigability of the water bottom
5 donated or thereafter created.
6 D. All agreements entered into pursuant to this Section shall describe an area
7 within the water bottom allocated to the riparian landowner over which the public
8 has a permanent right of reasonable, regulated access and that such access may
9 proportionately extend to and over future water bottoms that may be created from the
10 riparian land as a result of natural erosion, subsidence, sea level rise, or other similar
11 loss, regardless of the water bottom's present or future navigability.
12 Section 2. This Act shall take effect and become operative if and when the proposed
13amendment of Article IX, Sections 3 and 4(A) of the Constitution of Louisiana contained
14in the Act which originated as House Bill No._____ of this 2021 Regular Session of the
15Legislature is adopted at the statewide election to be held on November 8, 2022, and
16becomes effective.
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 399 Original 2021 Regular Session Carrier
Abstract: Allows for the state and private landowners to enter into water bottom boundary
agreements concerning disputed property.
Proposed law authorizes the commissioner of administration to enter into agreements with
riparian landowners to establish a permanent, fixed boundary between state owned or
claimed and privately owned or claimed waterbottoms, regardless of the navigability of the
water body.
Proposed law authorizes the state in such agreements to accept a donation of any lands or
water bottoms owned or claimed by any riparian landowner, 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.
Proposed law requires all agreements and donations to provide that the public has 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.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-788 ORIGINAL
HB NO. 399
Effective if and when the proposed amendment of Article IX, §§3 and 4(A) of the
Constitution of Louisiana contained in the Act which originated as HB ____ of the 2021 R.S.
is adopted at the statewide election to be held on Nov. 8, 2022, and becomes effective.
(Adds R.S. 41:211)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.