Title 38, Public Contracts, Works and Improvements
0 chapters · 1,355 sections in this title.
La. Rev. Stat. § 38:1616 Recordation of certified copies of ordinances creating districts; publication
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§1616. Recordation of certified copies of ordinances creating districts; publication Certified copies of all ordinances of police juries creating drainage districts under the provisions of this Part shall be recorded in the drainage district record book provided in R.S. 38:1615 i…
La. Rev. Stat. § 38:1617 Contest of legality of district
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§1617. Contest of legality of district Any interested person desiring to contest the legality of any drainage district created under this Part shall do so by suit against the drainage district brought in the district court of the domicile of the district within sixty calendar day…
La. Rev. Stat. § 38:1618 Sub-drainage districts
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§1618. Sub-drainage districts The board of commissioners of any drainage district may form two or more sub-drainage districts out of the territory comprising the drainage district, by simple resolution to that effect, approved by the engineer of the district, defining the limits …
La. Rev. Stat. § 38:1619 Acreage tax
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§1619. Acreage tax A. The board of commissioners of drainage district organized under the provisions of this Part, immediately after organizing, shall levy and order the assessment and collection of a uniform acreage tax of not more than twenty-five cents per acre upon each acre …
La. Rev. Stat. § 38:1620 Attorneys
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§1620. Attorneys The board of commissioners of every drainage district created under the provisions of this Part may employ an attorney, to act for the drainage district, and to advise the board of commissioners. His employment shall be evidenced by resolution of the board and by…
La. Rev. Stat. § 38:1621 Engineers
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§1621. Engineers As soon as conveniently possible after organization, the board of commissioners of any drainage district shall appoint a competent civil engineer as chief engineer who shall engage assistants as the board of commissioners may approve. The chief engineer shall hav…
La. Rev. Stat. § 38:1622 Petitions to proceed with work
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§1622. Petitions to proceed with work Upon the adoption and filing of the plan for reclamation, the owners of a majority in acres of the lands in the drainage district if they desire to proceed with the work of reclaiming the drainage district, or the owners of a majority in acre…
La. Rev. Stat. § 38:1623 Appointment and duties of board of appraisers
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§1623. Appointment and duties of board of appraisers Within twenty days after having been petitioned for the carrying out of the plan for reclamation of the drainage district or of any sub-district, the board of commissioners shall name and appoint three appraisers who shall be r…
La. Rev. Stat. § 38:1624 Notice of appointment and meeting of appraisers; oath; organization
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§1624. Notice of appointment and meeting of appraisers; oath; organization The secretary of the board of commissioners of the drainage district shall notify each of the appraisers of his appointment by written or printed notice, in which shall be stated the time and place for the…
La. Rev. Stat. § 38:1625 Proceedings of appraisers
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§1625. Proceedings of appraisers Within thirty days after qualifying, the appraisers shall begin their duties. They may at any time call upon the attorney of the district for legal advice and information relating to their duties, and the chief engineer or one of his assistants sh…
La. Rev. Stat. § 38:1626 Report of findings of appraisers; fees
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§1626. Report of findings of appraisers; fees The board of appraisers shall prepare a report of their findings, which shall be arranged in tabular form, the columns of which shall be headed as follows: Column one, "Owner of property assessed"; Column two, "Description of property…
La. Rev. Stat. § 38:1627 Petition for confirmation of report and expropriation of property; notice and citation
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§1627. Petition for confirmation of report and expropriation of property; notice and citation Upon the filing of the report of the board of appraisers with the secretary of the board of commissioners of the drainage district, the board of commissioners, through its president shal…
La. Rev. Stat. § 38:1628 Hearing and determination of expropriation suits; approval of report of board of appraisers; appeal
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§1628. Hearing and determination of expropriation suits; approval of report of board of appraisers; appeal The clerk of the district court shall without delay set the suit for hearing by the court for a date not earlier than sixteen days from and after the date of the latest serv…
La. Rev. Stat. § 38:1629 Rejection of reclamation plan; submission of new or amended plan
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§1629. Rejection of reclamation plan; submission of new or amended plan If after hearing all contests and considering the report of the board of appraisers, the court shall find that the estimated costs of works and improvements as reported by the appraisers, or as amended by the…
La. Rev. Stat. § 38:1630 Board of commissioners to carry out reclamation plan; letting contracts
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§1630. Board of commissioners to carry out reclamation plan; letting contracts Upon the filing with the secretary of the board of commissioners of a certified copy of the decree of the court, the board of commissioners of the district may reclaim the district or sub-district, in …
La. Rev. Stat. § 38:1631 Tax levy for cost of work
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§1631. Tax levy for cost of work After the list of lands, and other property, with the assessed benefits and the decree and judgment of court, have been certified by the district court clerk and transmitted to the secretary of the board of commissioners, then the board of commiss…
La. Rev. Stat. § 38:1632 Tax lien on property; certificate and tables; record
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§1632. Tax lien on property; certificate and tables; record All drainage taxes, together with all penalties for default in payment of the taxes, and all costs in collecting the taxes, shall, from the date of filing the certificate hereinafter mentioned in the office of the clerk …
La. Rev. Stat. § 38:1633 Levy of maintenance tax
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§1633. Levy of maintenance tax To maintain and preserve the ditches, drains, levees, or other improvements, and to strengthen, repair, and restore them, when needed, and for the purpose of defraying the current expenses of the district, or sub-district, the board of commissioners…
La. Rev. Stat. § 38:1634 Determination of annual installment; levy of maintenance tax; certificate and table
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§1634. Determination of annual installment; levy of maintenance tax; certificate and table The board of commissioners shall each year after the levy and apportionment of the total taxes provided in R.S. 38:1631, and including the year, determine, order, and levy the amount of the…
La. Rev. Stat. § 38:1635 Collection and accounting for taxes
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§1635. Collection and accounting for taxes The sheriff and ex-officio tax collector of each parish in which lands or other property of any drainage district are situated, shall receive the drainage tax book of the drainage district, and shall promptly and faithfully collect the t…
La. Rev. Stat. § 38:1636 Non-liability of state and its subdivisions for taxes
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§1636. Non-liability of state and its subdivisions for taxes Neither the state nor its subdivisions shall ever be liable for any taxes or forced contributions levied, assessed or imposed under the provisions of this Part. No sale for taxes of any land or property subject to tax l…
La. Rev. Stat. § 38:1637 Sale of land for delinquent taxes
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§1637. Sale of land for delinquent taxes In the event any land or property subject to a tax lien for drainage taxes imposed by this Part shall be adjudicated to the state or any state subdivision or to any parish or municipality for non-payment of taxes, the land shall not be lia…
La. Rev. Stat. § 38:1638 Works and improvements authorized
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§1638. Works and improvements authorized In order to effect the drainage, protection and reclamation of the land and other property in the district subject to tax, the board of commissioners may clean out, straighten, widen, change the course and flow, alter or deepen any ditch, …
La. Rev. Stat. § 38:1639 Expropriation of land
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§1639. Expropriation of land The board may expropriate for the use of the district any land or property within or without the district not acquired or condemned by the court on the report of the board of appraisers assessing benefits and damages, and shall follow the procedure th…
La. Rev. Stat. § 38:1640 Payment for property expropriated; assessment of portion not taken
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§1640. Payment for property expropriated; assessment of portion not taken The board of commissioners of drainage districts may not enter upon or take possession of any land or property expropriated for rights of way, canals, levees, holding basins, pumping plant sites, or other w…
La. Rev. Stat. § 38:1641 Bridges; ditch or lateral across highway; removal of bridge, flume or other work
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§1641. Bridges; ditch or lateral across highway; removal of bridge, flume or other work All bridges and enlargements of existing bridges, shall be built or enlarged according to the plans and specifications approved by the chief engineer of the district. Where the bridges are out…
La. Rev. Stat. § 38:1642 Raising of embankments to conform to district levee
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§1642. Raising of embankments to conform to district levee When any right of way for levees has been obtained, over any embankment belonging to any person, railroad, tramway, or other corporation, the owner of the embankment shall raise the embankment so that the embankment will …
La. Rev. Stat. § 38:1643 Exemption of bonds from taxation
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§1643. Exemption of bonds from taxation All bonds issued by any drainage or sub-drainage district created, organized or reorganized under the provisions of this Part, shall be exempt from taxation.
La. Rev. Stat. § 38:1644 Effect of change of ownership of land
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§1644. Effect of change of ownership of land The death, interdiction, or ceasing to be owner, of any landowner who has signed any petition required to be signed by a majority of the landowners in connection with the creation, organization or administration of a drainage district …
La. Rev. Stat. § 38:1645 Change of venue; recusation of judge
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§1645. Change of venue; recusation of judge No change of venue shall be allowed in any proceeding required under the provision of this Part to be brought before the district court. The judge may be recused and a judge ad hoc appointed as is now provided by law in civil matters in…
La. Rev. Stat. § 38:1646 Injunction or other writ granted only on rule nisi
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§1646. Injunction or other writ granted only on rule nisi No injunction or other writ to prevent or delay the creation, organization or reclamation of any drainage or sub-drainage district created under this Part shall be granted or issued except upon a rule nisi.
La. Rev. Stat. § 38:1647 Compensation and expenses of officers and employees; removal of employees
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§1647. Compensation and expenses of officers and employees; removal of employees The board of commissioners, except where otherwise provided in this Part, shall by resolution, at the time of hiring or appointing, provide for the compensation for work to be done and expenses incur…
La. Rev. Stat. § 38:1648 Change of plan of reclamation
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§1648. Change of plan of reclamation The board of commissioners of any drainage district, when petitioned by the land owners owning more than two-thirds of the acreage of all lands within the limits of the drainage district, with the advice and consent of the chief engineer of th…
La. Rev. Stat. § 38:1649 Enlargement of boundaries of district
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§1649. Enlargement of boundaries of district The police jury or juries that by ordinance may have created any drainage district under the provisions of this Part, shall enlarge the boundaries thereof so as to include additional lands and property therein when petitioned to that e…
La. Rev. Stat. § 38:1650 Appointment of appraisers upon change of boundaries or plan
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§1650. Appointment of appraisers upon change of boundaries or plan In the event of a change in the boundaries of a drainage district so as to include additional land therein, or of a change in the plan for reclamation, the board of commissioners shall appoint three appraisers pos…
La. Rev. Stat. § 38:1651 Benefits, taxes, bonds and reclamation of sub-district
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§1651. Benefits, taxes, bonds and reclamation of sub-district Wherever under the provisions of this Part a sub-drainage district has been formed, and a plan for reclamation of the sub-drainage district has been prepared, filed and adopted, the proceeding for assessing benefits, l…
La. Rev. Stat. § 38:1652 Issuance of bonds; form and terms
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§1652. Issuance of bonds; form and terms The board of commissioners, may, if in their judgment it seems best, issue coupon bonds not to exceed ninety-one per cent of the total amount of the taxes levied under the provisions of R.S. 38:1631 in denominations of not less than fifty …
La. Rev. Stat. § 38:1653 Sale of bonds
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§1653. Sale of bonds All of the bonds shall be executed and delivered to the secretary-treasurer of the district, who shall sell the bonds in the quantities and at the dates which the board of commissioners may deem necessary to meet the payments for the works and improvements in…
La. Rev. Stat. § 38:1654 Payment of principal and interest of bonds
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§1654. Payment of principal and interest of bonds A sufficient amount of the drainage tax shall be appropriated by the board of commissioners for the purpose of paying the principal and interest of the bonds, and the taxes, when collected, shall be preserved in a separate fund fo…
La. Rev. Stat. § 38:1655 Additional levy for payment of principal and interest
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§1655. Additional levy for payment of principal and interest In case the proceeds of the original tax levy made under the provisions of R.S. 38:1631 are not sufficient to pay the principal and interest of all bonds issued, then the board of commissioners shall make any additional…
La. Rev. Stat. § 38:1656 Limit of tax levy
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§1656. Limit of tax levy The total taxes levied, exclusive of taxes levied for interest on bonds, for maintenance, or under R.S. 38:1669, shall not exceed the total assessed benefits as decreed by the court under R.S. 38:1628. The annual installment of taxes shall not exceed in a…
La. Rev. Stat. § 38:1657 Bond of secretary-treasurer
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§1657. Bond of secretary-treasurer The secretary-treasurer shall, at the time of the receipt by him of the bonds, execute and deliver to the president of the board of commissioners of the district, a bond with good and sufficient sureties, to be approved by the board of commissio…
La. Rev. Stat. § 38:1658 Use of funds derived from the sale of bonds
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§1658. Use of funds derived from the sale of bonds The funds derived from the sale of bonds or any of them shall be used for the purpose of paying the cost of the drainage works and improvements and any costs, expenses, fees, and salaries which may be authorized by law, and for n…
La. Rev. Stat. § 38:1659 Readjustment of assessment of benefits
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§1659. Readjustment of assessment of benefits Whenever the owners of twenty-five per cent or more of the acreage of the lands in a district or sub-district organized under this Part, shall file a petition with the clerk of the district court which confirmed the report of the appr…
La. Rev. Stat. § 38:1660 Consolidation of adjacent districts
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§1660. Consolidation of adjacent districts Any two or more adjacent drainage districts organized or reorganized under the provisions of this Part, whether in the same or different parishes, may be united and consolidated into one drainage district and the new district and the boa…
La. Rev. Stat. § 38:1661 New or amended reclamation plans; additional assessments and taxes
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§1661. New or amended reclamation plans; additional assessments and taxes Where the works set out in plan for reclamation of any drainage district organized under this Part is found insufficient to reclaim in whole or in part any or all of the land and other property of the distr…
La. Rev. Stat. § 38:1662 Connection of ditches; drainage systems, and watercourses with works and improvements of district
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§1662. Connection of ditches; drainage systems, and watercourses with works and improvements of district At the time of the construction in any district organized under this Part of the plan for reclamation hereinbefore referred to, all ditches or systems of drainage already cons…
La. Rev. Stat. § 38:1663 Advance payment of tax in full
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§1663. Advance payment of tax in full Any land owner owning lands or other property assessed for taxes under the provisions of this Part, shall have the privilege of paying the total tax assessment provided under R.S. 38:1631 to the secretary-treasurer of the board of commissione…
La. Rev. Stat. § 38:1664 Reorganization of existing districts permitted
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§1664. Reorganization of existing districts permitted Any drainage district heretofore organized, or any drainage district now in process of organization, under any previous or existing law of the state, for the purpose of draining and reclaiming the undrained marsh, swamp or ove…
La. Rev. Stat. § 38:1665 Reorganization procedure
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§1665. Reorganization procedure The owners of a majority of acreage of the lands in each drainage district, desiring to reorganize or to consolidate and reorganize under the provisions of this Part, shall present a petition to that effect to the police jury of the parish in which…