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 Engrossed 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, at a minimum, describe the specific area of the
water bottom and 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.
Effective if and when the proposed amendment of Article IX, ยงยง3 and 4(A) of the Constitution of
La. contained in the Act which originated as HB 331 of the 2021 R.S. is adopted at the statewide
election to be held on Nov. 8, 2022, and becomes effective.
Proposed law authorizes the state to negotiate surface and mineral interests with riparian land
owners.
(Adds R.S. 41:211)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Natural Resources and
Environment to the original bill:
1. Authorize the state to negotiate surface and mineral interests with riparian land owners.
2. Add the House Bill number for the proposed constitutional amendment that accompanies
the enabling legislation. 3. Specify that "at a minimum" agreements entered into between the state and riparian land
owners include certain information.