HLS 24RS-8 ENGROSSED
2024 Regular Session
HOUSE BILL NO. 654
BY REPRESENTATIVE HILFERTY
PROPERTY/PUBLIC: Provides relative to the authorized uses and lease of certain public
property in Orleans and Jefferson Parish
1 AN ACT
2To provide for authorized uses of certain public property in Orleans Parish and to amend and
3 reenact Sections 1 and 2 of Act No. 152 of the 2019 Regular Session of the
4 Legislature, relative to the lease of certain state property in Orleans Parish and
5 Jefferson Parish; to authorize the lease of public property; to provide relative to
6 cooperative endeavor agreements between the City of New Orleans, Jefferson Parish,
7 and the state; to provide property descriptions; to provide for terms and conditions;
8 to provide an effective date; and to provide for related matters.
9 Notice of intention to introduce this Act has been published
10 as provided by Article III, Section 13 of the Constitution of
11 Louisiana.
12Be it enacted by the Legislature of Louisiana:
13 Section 1.(A) In addition to the authority granted by Act No. 209 of the 1906
14Regular Session of the Louisiana General Assembly and Act No. 9 of the 1910 Regular
15Session of the Louisiana General Assembly and notwithstanding any provision of law to the
16contrary, the council of the City of New Orleans may authorize and empower the City of
17New Orleans or a public benefit corporation of the City of New Orleans to lease, on such
18terms and conditions as the council may prescribe, to one or more offerers selected through
19a request for proposal developed and issued pursuant to a cooperative endeavor agreement
Page 1 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 24RS-8 ENGROSSED
HB NO. 654
1between the state, the City of New Orleans, and Jefferson Parish, all or any part of the
2following described property:
3 That parcel of property located west of West Roadway Street and that parcel
4 located north of North Roadway Street and west of Breakwater Drive, within the area
5 dedicated in the above-referenced Acts, to wit:
6 That portion of the protection or revetment levee bordering on Lake
7 Pontchartrain, and lying between the west bank of the New Basin Canal on the east,
8 and the prolongation of the boundary line between the parishes of Orleans and
9 Jefferson on the west; all lands now lying under the waters of Lake Pontchartrain
10 between the protection or revetment levee on the south; the west bank of the New
11 Basin Canal on the east, the prolongation of the boundary line between the parishes
12 of Orleans and Jefferson on the west, and a line drawn parallel to and in front of said
13 protection or revetment levee, a distance of fifteen hundred feet therefrom on the
14 north; all lands now lying under the waters of Lake Pontchartrain in the rear or south
15 of the aforesaid protection or revetment levee on the north, the shore of Lake
16 Pontchartrain on the south, and the lands belonging to private persons on the east and
17 west.
18 (B) The lease authorized by Subsection A of this Section may be for any purpose
19consistent with applicable zoning laws, except that no portion of the described property may
20be leased for residential use.
21 Section 2. Sections 1 and 2 of Act No. 152 of the 2019 Regular Session of the
22Legislature are hereby amended and reenacted to read as follows:
23 Section 1. The commissioner of administration, notwithstanding any other
24 provision of law to the contrary, is hereby authorized and empowered to lease any
25 interest, excluding mineral rights, the state may have to all or any portion of the
26 following described parcel of property to the responsible offerer one or more offerers
27 selected through a request for proposal developed and issued pursuant to a
28 cooperative endeavor agreement between the state, the City of New Orleans Parish,
29 and Jefferson Parish:
30 A parcel of state owned land and water bottom located on the south
31 shore of Lake Pontchartrain on or adjacent to the boundary of Orleans Parish
32 and Jefferson Parish.
33 Section 2. (A) The state is authorized to lease the property described in
34 Section 1 of this Act either directly to the selected offerer or offerers or to the City
35 of New Orleans or a public benefit corporation of the City of New Orleans, who will
36 then be permitted to sublease the property to the selected offerer or offerers in
37 accordance with the terms of this Act.
Page 2 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 24RS-8 ENGROSSED
HB NO. 654
1 (B) The commissioner of administration is hereby authorized to enter into
2 such agreements, covenants, conditions, and stipulations and to execute such
3 documents as necessary to properly effectuate any lease, excluding mineral rights,
4 to the property described in Section 1 of this Act, and as more specifically described
5 in any such agreements entered into and documents executed by and between the
6 parties commissioner of administration and the selected responsible offerer for a
7 term not to exceed ninety-nine years, in exchange for consideration proportionate to
8 the appraised value of the property. The provisions of this Act shall apply to more
9 than one responsible offerer if the cooperative endeavor agreement provides for
10 dividing the property described in Section 1 into multiple leases.
11 (C) Notwithstanding any applicable zoning laws to the contrary, no portion
12 of the property described in Section 1 of this Act may be leased for residential use.
13 Section 3. This Act shall become effective upon signature by the governor or, if not
14signed by the governor, upon expiration of the time for bills to become law without signature
15by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
16vetoed by the governor and subsequently approved by the legislature, this Act shall become
17effective on the day following such approval.
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 654 Engrossed 2024 Regular Session Hilferty
Abstract: Authorizes the lease of certain public property in Orleans and Jefferson parishes
to offerers selected through a request for proposal issued pursuant to a cooperative
endeavor agreement between the state, the City of New Orleans, and Jefferson
Parish, for any purpose allowed by zoning laws except residential use.
CITY AUTHORITY TO LEASE
Present law provides that the City of New Orleans is charged with maintaining certain public
property in Orleans Parish dedicated by the state for public amusement and park purposes.
(Act No. 209, 1906 R.S.; Act No. 9, 1910 R.S.)
Proposed law retains present law.
Proposed law specifies that the City of New Orleans is authorized to lease two smaller
parcels within the dedicated property:
Page 3 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 24RS-8 ENGROSSED
HB NO. 654
(1)That portion of the dedicated property located west of West Roadway Street, an area
commonly referred to as the parking lot, to the west of the green space commonly
referred to as West End Park.
(2)That portion of the dedicated property located north of North Roadway Street and
west of that portion of Breakwater Drive existing north of North Roadway Street,
which is a strip of land on the western border of the area commonly known as the
municipal yacht harbor.
Proposed law prohibits the city from leasing the described parcels for residential use, but
allows any other use consistent with applicable local zoning laws.
Proposed law further provides that any lease of the described parcels by the city must be
authorized by the council of the City of New Orleans, which may prescribe terms and
conditions for the lease.
Proposed law requires that the lessee of the described parcels be selected through a request
for proposal that is developed and issued according to the terms of a cooperative endeavor
agreement between the state, the City of New Orleans, and Jefferson Parish.
STATE AUTHORITY TO LEASE
Present law authorizes the state to lease certain water bottoms on the southern shore of Lake
Pontchartrain along the parish line between Orleans and Jefferson parish to a lessee selected
through a request for proposal developed and issued according to the terms of a cooperative
endeavor agreement between the state, Orleans Parish, and Jefferson Parish. (Act No. 152,
2019 R.S.)
Proposed law changes one of the parties to the cooperative endeavor agreement from
Orleans Parish to the City of New Orleans.
Proposed law adds land, in addition to water bottoms, to the property description in present
law.
Proposed law further provides that the state may lease to the offerer directly or it may lease
to the city or a public benefit corporation of the city, who would then sublease to the offerer
directly.
Proposed law prohibits the state from leasing the described property for residential use, but
allows any other use consistent with applicable local zoning laws.
Proposed law requires the reservation of mineral rights.
Effective upon signature by the governor.
(Amends Act No. 152 of the 2019 R.S., ยงยง1, 2)
Page 4 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.