Louisiana 2023 Regular Session

Louisiana House Bill HB448 Latest Draft

Bill / Introduced Version

                            HLS 23RS-615	ORIGINAL
2023 Regular Session
HOUSE BILL NO. 448
BY REPRESENTATIVE RISER
APPROPRIATIONS/JUDGMENT:  Appropriates funds for payment of the judgment
against the state in the suit entitled Crooks v. State, Department of Natural Resources
1	AN ACT
2To appropriate monies out of the state general fund for Fiscal Year 2022-2023 to be used to
3 pay the judgment against the state of Louisiana, through the Department of Natural
4 Resources, and in favor of the class of plaintiffs identified as the riparian landowner
5 plaintiffs, captioned "Steve Crooks and Era Lea Crooks versus State of Louisiana,
6 through the Louisiana Department of Natural Resources", as modified by appellate
7 and Supreme Court judgments; to provide for certain requirements and limitations;
8 to provide for an effective date; to provide for interest; to provide for expenses and
9 expert witness fees; to provide for court costs; and to provide for related matters.
10Be it enacted by the Legislature of Louisiana:
11 Section 1.  The sum of Nine Million Three Hundred Eighty-Eight Thousand Four
12Hundred Thirty-Six and 06/100 ($9,388,436.06) Dollars plus applicable interest is hereby
13payable out of the State General Fund (Direct) for Fiscal Year 2022-2023 for payment of the
14judgment captioned "Steve Crooks and Era Lea Crooks versus State of Louisiana, through
15the Louisiana Department of Natural Resources", signed on May 15, 2017, against the state
16of Louisiana, through the Department of Natural Resources, and in favor of the class of
17plaintiffs identified as the riparian landowner plaintiffs, bearing Number 224,262, on the
18docket of the Ninth Judicial District Court, parish of Rapides, state of Louisiana, as modified
19by the judgment of the third circuit court of appeals bearing Number 17-750, as further
20modified by the state supreme court judgment bearing Number 2019-C-0160.
Page 1 of 3 HB NO. 448
HLS 23RS-615	ORIGINAL
1 Section 2.  Of the amount appropriated in Section 1 of this Act, an amount equal to
2the sum of Four Million Six Hundred Ninety Four Thousand Three Hundred and Nine and
368/100 ($4,694,309.68) Dollars is payable for oil and gas royalties attributable to the mineral
4production from the river banks between May 2003 and the date of trial; the sum of Three
5Hundred Fifty-Three Thousand Two Hundred Ninety Seven and 34/100 ($353,297.34)
6Dollars is payble for expert witness fees; the sum of Eighty-Nine Thousand Sixty-Seven and
745/100 ($89,067.45) Dollars is payable for miscellaneous costs; and interest on all such sums
8is payable from the date of judicial demand until paid as provided by law and the judgment.
9 Section 3.  The state treasurer is hereby authorized and directed to deposit the amount
10appropriated pursuant Section 1 of this Act into the registry of the court for the Ninth
11Judicial District Court, Parish of Rapides, State of Louisiana, for the case captioned "Steve
12Crooks and Era Lea Crooks versus State of Louisiana, through the Louisiana Department of
13Natural Resources" bearing Case Number 224,262.
14 Section 4. A judgment may only be paid from this appropriation if it is final and shall
15be paid as to principal, court costs, and expert witness fees as awarded in the judgment. 
16Interest shall be paid as provided by law and awarded in the judgment.  If the provisions of
17the judgment conflict with the provisions of this Act, the provisions of the judgment shall
18be controlling.  Any other provision of this Act not in conflict with the provisions of the
19judgment shall control.  Payment shall be made only after presentation to the state treasurer
20of documentation required by the state treasurer.  Further, the judgment shall be deemed to
21have been paid on the effective date of this Act, and interest shall cease to run as of that date. 
22 Section 5.  This Act shall become effective upon signature by the governor or, if not
23signed by the governor, upon expiration of the time for bills to become law without signature
24by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If
25vetoed by the governor and subsequently approved by the legislature, this Act shall become
26effective on the day following such approval.
Page 2 of 3 HB NO. 448
HLS 23RS-615	ORIGINAL
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 448 Original 2023 Regular Session	Riser
Appropriates $9,388,436.06, plus applicable interest, out of the State General Fund (Direct)
for FY 22-23 for payment of the payment of the judgment captioned "Steve Crooks and Era
Lea Crooks versus State of Louisiana, through the Louisiana Department of Natural
Resources", signed on May 15, 2017, bearing Number 224,262, on the docket of the Ninth
Judicial District Court, parish of Rapides, state of Louisiana, as modified by the judgment
of the third circuit court of appeals bearing Number 17-750, as further modified by the state
supreme court judgment bearing Number 2019-C-0160.
Further provides that of the amount appropriated pursuant to proposed law, an amount equal
to the sum of$4,694,309.68 is payable for oil and gas royalties attributable to the mineral
production from the river banks between May 2003 and the date of trial; the sum of
$353,297.34 is payble for  expert witness fees; the sum of $89,067.45 is payable for
miscellaneous costs; and interest on all such sums is payable from the date of judicial
demand until paid as provided by law and the judgment.
Further directs the state treasurer to deposit the amount appropriated pursuant proposed law
into the registry of the court for the Ninth Judicial District Court, Parish of Rapides.
Proposed law provides relative to payment. Provides relative to conflicts between the
judgment and proposed law. Prohibits accrual of interest on the judgment as of the
effective date of proposed law.
Effective upon signature of governor or lapse of time for gubernatorial action.
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