Louisiana House Bill HB423

Louisiana 2018 Regular Session

• Introduced: 3/1/18
• Refer: 3/2/18
• Refer: 3/12/18

Caption

Authorizes the Coastal Protection and Restoration Authority to acquire property for integrated coastal protection purposes prior to judgment

Impact

If enacted, this bill will significantly impact the legal procedures surrounding property acquisition for coastal protection initiatives. By enabling the CPRA to proceed with property expropriation before a formal judgment, the legislation aims to streamline the process of securing lands essential for flood and hurricane protection. This proactive measure is particularly crucial in response to the growing threats posed by climate change and extreme weather events that affect coastal regions.

Summary

House Bill 423 aims to empower the Coastal Protection and Restoration Authority (CPRA) to acquire property for integrated coastal protection purposes prior to a court judgment. This measure aligns the CPRA’s capabilities with those of existing levee districts and levee and drainage districts, which already have the authority to acquire necessary lands for their projects. The bill includes provisions that specify the process for such acquisitions, ensuring that the necessary legal framework supports timely actions to protect coastal areas in Louisiana.

Sentiment

The sentiment around HB 423 seems to be generally supportive among advocates for coastal restoration and environmental protection. Proponents argue that swift acquisition of lands is essential for effective disaster preparedness and ecological preservation. However, there may be concerns from property owners about the implications of such pre-judgment expropriation, including fears over fair compensation and the speed of the acquisition process before court deliberations.

Contention

Notable points of contention associated with HB 423 include the balance of authority between the government and private property rights. Critics may argue that allowing the CPRA to acquire property before a judgment could undermine landowners' rights and lead to potential abuses of power. Furthermore, questions could arise about the standards used to assess fair market value during these expedited processes, which could impact the compensation owed to property owners who are expropriated.