HLS 23RS-558 ENGROSSED
2023 Regular Session
HOUSE BILL NO. 129
BY REPRESENTATIVE WILFORD CARTER
DISTRICTS/REDEVELOPMENT: Repeals the provisions of the Lake Charles North
Redevelopment Authority
1 AN ACT
2To repeal Chapter 13-L of Title 33 of the Louisiana Revised Statutes of 1950, comprised of
3 R.S. 33:4720.191, relative to the Lake Charles North Redevelopment Authority; to
4 repeal provisions relative to the boundaries, purpose, governance, powers and duties,
5 and funding of the district; and to provide for related matters.
6 Notice of intention to introduce this Act has been published
7 as provided by Article III, Section 13 of the Constitution of
8 Louisiana.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. Chapter 13-L of Title 33 of the Louisiana Revised Statutes of 1950,
11comprised of R.S. 33:4720.191, is hereby repealed in its entirety.
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 129 Engrossed 2023 Regular Session Wilford Carter
Abstract: Repeals the provisions of the Lake Charles North Redevelopment Authority.
Present law creates and provides for the Lake Charles North Redevelopment Authority to
provide for the utilization of appropriate private and public resources to eliminate and
prevent the development or spread of slum, blighted, and distressed areas. Provides that the
authority is a special district and political subdivision of the state. Provides that the
authority shall be comprised of specified territory in the city of Lake Charles.
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HB NO. 129
Present law provides that the Lake Charles North Redevelopment Authority is governed by
a five-member board of commissioners (board) appointed as follows:
(1)One member appointed by the state representative for House District No. 34.
(2)One member appointed by the state senator for Senate District No. 27.
(3)One member appointed by the mayor of the city of Lake Charles.
(4)One member appointed by the member(s) of the governing authority of Calcasieu
Parish who represent the area included within the jurisdiction of the authority.
(5)One member appointed by the member(s) of the governing authority of the city of
Lake Charles who represent the area included within the jurisdiction of the authority.
Present law requires that each board member be a citizen of the U.S., a domiciliary of and
a qualified voter in the city of Lake Charles for at least one year preceding the date of
appointment, and must remain a domiciliary of and a qualified voter of such jurisdiction
during the entirety of the term of office. Additionally requires that each board member be
of good character and possess some skill, knowledge, or experience that will prove useful
in the accomplishment of the goals of the authority.
Present law requires board members to serve four-year staggered terms unless removed for
cause by the board or removed for any reason by authorized action of the appointing
authority.
Present law requires members of the board to serve without compensation, but authorizes
the board to reimburse any member for expenses actually incurred in the performance of
duties on behalf of the authority.
Present law provides that all actions of the board shall be approved by the affirmative vote
of a majority of the members present and voting. Provides however, that no action of the
board shall be authorized on the following matters unless approved by a majority of the total
board membership:
(1)Adoption of bylaws and other rules and regulations for conduct of the authority's
business.
(2)Hiring or firing of any employee or contractor of the authority. Provides that this
function may by majority vote be delegated by the board to a specified officer or
committee of the authority, under such terms and conditions, and to the extent, that
the board may specify.
(3)The incurring of debt.
(4)Adoption or amendment of the annual budget.
(5)Sale, lease, encumbrance, or alienation of real property, improvements, or personal
property with an assessed value of more than $20,000.
Present law additionally requires that certain specified actions or proposals of the authority
be submitted to the governing authority of the city of Lake Charles and authorizes the
governing authority to reject any such action or proposal upon two-thirds vote of its
membership.
Present law provides that the authority, through the board, shall have all powers necessary
or convenient to carry out its objectives and purposes, including but not limited to the
following:
(1)To sue and be sued and as such to stand in judgment.
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HB NO. 129
(2)To adopt, use, and alter at will a corporate seal.
(3)To acquire, hold, and use any property. Provides that the authority shall not have
any power to expropriate, except that power which is granted by the appropriate
governing authority.
(4)To convey to the U.S., the state, or to any political subdivision of the state any
property or other thing of value for use by the governmental entity, pursuant to the
terms of any appropriate cooperative endeavor agreement.
(5)To make and collect reasonable charges for the use of property of the authority and
for services rendered by the authority and to regulate fees or rentals charged for use
of privately owned facilities located on property owned or sold by the authority when
such facilities are offered for use by the public or by a private industrial, commercial,
research, or other economic development entity or activity.
(6)To require and issue licenses.
(7)To borrow money and to pledge or grant a security device affecting all or part of its
revenues, leases, rents, and other advantages as security for such loans.
(8)To appoint officers, agents, and employees, prescribe their duties, and fix their
compensation.
Present law provides that the authority shall not be deemed to be an instrumentality of the
state for purposes of the state civil service provisions of the state constitution.
Present law authorizes the authority to borrow money and issue certificates of indebtedness,
notes, and other debt obligations as evidence thereof for the acquisition and operation of
authority property and provide for the manner and method of repayment in accordance with
law.
Present law authorizes the authority to issue revenue bonds to finance the undertaking of a
redevelopment project, or otherwise to acquire, purchase, lease, construct, or improve
housing, residential development, subdivision development, commercial, research,
industrial, or other plant sites and buildings, or other capital improvements. Authorizes the
authority to enter into, amend, or terminate, as it determines to be necessary or appropriate,
any ancillary contracts for certain purposes.
Present law provides that the authority shall not be required to pay any taxes. Provides that
any bonds, certificates, or other evidences of indebtedness issued by the authority and the
income therefrom shall be exempt from taxation by the state and by any parish, municipality,
or other political subdivision of the state.
Present law authorizes the authority to purchase adjudicated properties within its jurisdiction
from any political subdivision of the state. Provides that no such purchase shall be construed
to, or otherwise have the effect of, extending or suspending the period prescribed by law for
the redemption of the property by the tax debtor or any other person.
Present law provides that the authority shall have the power to create and execute
redevelopment or development plans for specified areas within its jurisdiction. Provides that
the implementation of all such plans shall not proceed until, to the extent required by law,
the authority has obtained the approval of the local planning commission or zoning board.
Provides that a redevelopment plan shall include a definition of the redevelopment area.
Provides that the area, or any part thereof, may be further designated as a subdistrict of the
authority.
Present law authorizes the authority to sell, lease, or otherwise transfer immovable property
or any interest therein acquired by it in redevelopment areas for residential, recreational,
commercial, industrial, or other uses or for public use, in accordance with the redevelopment
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plan, subject to such covenants, conditions, and restrictions, including covenants running
with the land, as it may deem to be necessary or desirable to assist carrying out the purposes
of present law.
Present law authorizes the authority to dispose of, sell, or lease immovable property in a
redevelopment area to any private person for the fair market value of the property as
determined by a certified and competent appraiser, or to any private person pursuant to
reasonable competitive bidding procedures as it shall prescribe subject to the provisions of
present law. Requires public notice of such bidding procedures.
Present law authorizes the authority to temporarily operate, maintain, or lease real property
acquired by it in a redevelopment area for or in connection with a redevelopment project
pending disposition of the property for such uses and purposes as may be deemed desirable
even though not in connection with the redevelopment plan.
Present law provides that any real property within a redevelopment area may be disposed of
without regard to the provisions of present law. Provides that real property acquired in
accordance with a redevelopment plan may be disposed of to a public body for public reuse
without regard to the provisions of present law.
Present law provides that where an area in the city is designated as a redevelopment area
under the Federal Area Redevelopment Act (Public Law 87-27), or any act supplementary
thereto, land in a redevelopment project area designated under the redevelopment plan for
industrial or commercial uses may be disposed of to any public body or nonprofit
corporation for subsequent disposition as promptly as practical by the public body or
corporation for redevelopment in accordance with the redevelopment plan.
Present law authorizes the authority to, in the implementation of a redevelopment plan,
create a subdistrict(s) to conduct, oversee, or assist in the implementation of such
redevelopment plan. Provides that the boundaries of such a subdistrict may include all or
part of the redevelopment area and provides that such a subdistrict shall have and exercise
such powers and responsibilities as the authority shall specify in the enabling resolution.
Provides that unless otherwise specified in the resolution or other formal act creating the
subdistrict, the board members of the authority shall constitute the governing authority of
the subdistrict.
Present law provides that the creation of a subdistrict shall in no instance result in the
detachment, severance, or loss of any power or responsibility granted to the authority by and
within the confines of any subdistrict the authority shall have full jurisdiction, concurrent
with that of the subdistrict, to exercise such powers and responsibilities.
Present law provides that all banks, trust companies, bankers, savings banks and institutions,
building and loan associations, savings and loan associations, investment companies, and
other persons carrying on a banking or investment business; all insurance companies,
insurance associations, and other persons carrying on an insurance business; and all
executors, administrators, curators, trustees, and other fiduciaries may legally invest any
sinking funds, monies, or other funds belonging to them or within their control in any bonds
or other obligations issued by the authority.
Present law provides that bonds and other obligations shall be authorized security for all
public deposits. Provides that it is the purpose of present law to authorize any public or
private persons, political subdivisions, and officers, public or private, to use any funds
owned or controlled by them for the purchase of any bonds or other obligations. Provides
that nothing contained in present law with regard to legal investments shall be construed as
relieving any persons of any duty of exercising reasonable care in selecting securities.
Present law provides that any instrument executed, in proper form and with proper
certification of authority, by the authority purporting to convey any right, title, or interest in
any property pursuant to present law shall be conclusively presumed to have been executed
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in compliance with provisions of present law insofar as title or other interest of any bona fide
purchasers, lessees, or transferees of the property is concerned.
Present law provides that insofar as the provisions of present law are inconsistent with the
provisions of any other law, the provisions of present law shall be controlling. Provides
however, that the authority shall be subject to the provisions of the Local Government Fair
Competition Act (R.S. 45:844.41 et seq.). Additionally provides that the authority conferred
by present law shall be in addition and supplemental to the powers conferred by any other
law.
Present law further provides for an expedited procedure to enable the authority to more
efficiently quiet title and initiate a foreclosure action regarding immovable property acquired
by the authority.
Present law requires the authority to file a notice with the clerk of court regarding the
property it is attempting to seize. Requires that the notice include the legal description of
the property, the street address of the property (if any), the name, address, and telephone
number of the authority, a statement that the property is subject to an expedited quiet title
proceeding and foreclosure, and a statement that any legal interests in the property may be
extinguished by a district court order vesting title to the property in the authority. Provides
for additional procedures if there is a deficiency in the notice.
Present law requires the authority, if it has reason to believe that a property subject to an
expedited quiet title proceeding and foreclosure may be the site of environmental
contamination, to provide the Dept. of Environmental Quality with any information in the
possession of the authority that suggests such is the case.
Present law requires the authority, after recording the notice, to initiate a records search in
order to determine the owners who have any interest in the property subject to the expedited
procedure. Authorizes the authority to enter into a contract with or request from one or more
authorized representatives a title search or other title product to identify the owners of a
property interest. Provides that the owner of a property interest is entitled to notice under
present law if that owner's interest was identifiable by reference to any of the following
sources before the date that the authority records the notice:
(1)Land title records in the office of the recorder of mortgages and the register of
conveyances.
(2)Tax records in the office of the assessor.
Present law authorizes the authority to file a single petition with the district court which lists
all of the property subject to expedited foreclosure. Requires the authority to request a
hearing on the petition within 90 days seeking a judgment in favor of the authority against
each property, without the right of redemption. Requires the district court to immediately
set the date, time, and place for the hearing not more than 10 days after the date requested
by the authority in the petition.
Present law requires the authority to send notice of the hearing, not less than 30 days prior,
by certified mail to any person identified as having an interest in the property subject to the
expedited foreclosure proceeding. Requires the authority to also send notice via regular mail
addressed to "Occupant" to each property subject to expedited foreclosure.
Present law further requires the authority, or its authorized representative, to post a written
notice on each property at least 30 days prior to the expedited foreclosure hearing. Requires
that each notice include specified information.
Present law requires the authority, if it is unable to provide the appropriate notice, to provide
notice through publication for three consecutive weeks prior to the hearing on the matter in
a newspaper published and circulated in the jurisdiction of the authority.
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Present law requires the authority to file proof of the notice required by present law, proof
of notice by posting on the property, if applicable, and proof of notice by publication, if
applicable, with the clerk of the district court prior to the hearing. Requires any person who
has an interest in the property subject to the expedited foreclosure to file written objections
with the clerk and serve those objections on the authority prior to the hearing.
Present law requires the district court to enter judgment on the petition not more than 10
days following the conclusion of the hearing or contested case. Requires the judgment to
specify certain information.
Present law provides that except as otherwise provided in present law, title to property set
forth in a petition for foreclosure shall vest absolutely in the authority upon the effective date
of the judgment by the district court. Provides that the authority shall have absolute title to
the property and the title is not subject to any recorded or unrecorded lien, except as
otherwise provided in present law and shall not be stayed or held invalid except as otherwise
provided in present law. Provides that a judgment is a final order with respect to the
property affected by the judgment and shall not be modified, stayed, or held invalid after the
effective date of the judgment, except as otherwise provided in present law.
Present law provides that any person with an interest in the foreclosed property may appeal
the district court's order or district court's judgment within 21 days following the effective
date of the judgment. Provides that the appeal of the judgment shall be entitled to preference
and priority and handled on an expedited basis by the court of appeal and, if applicable, the
La. Supreme Court. Provides that in such cases, the record shall be prepared and filed within
15 days of the granting of the order of appeal. Requires the court of appeal to hear the case
within 30 days after the filing of the appellee's brief. Further provides that an appeal is
limited to the record of the proceedings in the district court. Provides that the district court's
judgment foreclosing property shall be stayed until the court of appeals has reversed,
modified, or affirmed that judgment.
Present law provides that if an appeal stays the district court's judgment foreclosing property,
the district court's judgment is stayed only as to the property that is the subject of that appeal.
Provides that the district court's judgment foreclosing other property that is not the subject
of that appeal is not stayed. Requires a person appealing the judgment to pay to the authority
any taxes, interest, penalties, and fees due on the property and to provide notice of the appeal
to the authority within 21 days after the district court's judgment is effective. Provides that
if the district court's judgment foreclosing the property is affirmed on appeal, the amount
determined to be due shall be refunded to the person who appealed the judgment. Provides
that if the district court's judgment foreclosing the property is reversed or modified on
appeal, the authority shall refund the amount determined to be due to the person who
appealed the judgment, if any, and forward the balance to the appropriate taxing jurisdictions
in accordance with the order of the court of appeals.
Present law provides that it is the intent of the legislature that the provisions of present law
relating to the expedited quiet title and foreclosure of property by the authority satisfy the
minimum requirements of due process required under the state constitution and the U.S.
Constitution. Provides that the provisions do not create new rights beyond those required
under the state constitution or the U.S. Constitution. Provides that the failure of the authority
to follow a requirement of present law shall not be construed to create a claim or cause of
action against the authority unless the minimum requirements of due process accorded under
the state constitution or the U.S. Constitution are violated.
Proposed law repeals present law.
(Repeals R.S. 33:4720.191)
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