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 Original 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.
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.
(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 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 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.
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)