Title 41, Public Lands
0 chapters · 305 sections in this title.
La. Rev. Stat. § 41:1335 Land exchanges by director of highways
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§1335. Land exchanges by director of highways All land exchanges or any contracts for the exchange of land heretofore made by the director of highways as head of the department of highways of the State of Louisiana, be and the same are hereby confirmed and ratified, and authority…
La. Rev. Stat. § 41:1336 Sales of land by register of state land office to department of highways
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§1336. Sales of land by register of state land office to department of highways All sales of land heretofore made by or on the order of the register of the state land office of the State of Louisiana to the department of highways of the State of Louisiana including, but not by wa…
La. Rev. Stat. § 41:1337 Sales of land by Louisiana tuberculosis commission prior to July 27, 1932
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§1337. Sales of land by Louisiana tuberculosis commission prior to July 27, 1932 All sales of lands made prior to July 27, 1932, by the Louisiana tuberculosis commission created by Act 161 of the Louisiana legislature for the year 1912, are hereby ratified and confirmed, notwiths…
La. Rev. Stat. § 41:1338 Transfers of property acquired by the state or political subdivision; exemptions
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§1338. Transfers of property acquired by the state or political subdivision; exemptions A.(1) Notwithstanding any other provision of law to the contrary and except as otherwise provided in this Section, whenever any property, other than highway rights-of-way, is acquired by a sta…
La. Rev. Stat. § 41:134 Sale; minimum prices
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§134. Sale; minimum prices A. The land so advertised shall be sold by the sheriff of the parish where the land is located. The sale shall be at the principal door of the court house between the hours of eleven o'clock A.M. and four o'clock P.M. and shall be to the last and highes…
La. Rev. Stat. § 41:135 Disposition of proceeds of sale
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§135. Disposition of proceeds of sale A. The sheriff making the sale shall deduct therefrom the expenses of advertising and his commission which shall be two percent of the amount of the bid, provided that this commission shall not exceed fifty dollars for any one day's adjudicat…
La. Rev. Stat. § 41:136 Expenses
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§136. Expenses The newspapers publishing the advertisement of the sale of land shall receive therefor not more than the legal rate of advertising. All bills for expenses incurred by the register of the state land office, or the president of the levee board, shall be paid from the…
La. Rev. Stat. § 41:137 Sale, exchange, or lease of state lands; research and development park
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§137. Sale, exchange, or lease of state lands; research and development park A. Notwithstanding any other provision of law to the contrary, the state, or any of its departments, agencies, or boards, may sell, lease for a term of up to ninety-nine years, exchange, or otherwise dis…
La. Rev. Stat. § 41:138 Restrictions in sale of state lands to levee or drainage districts
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§138. Restrictions in sale of state lands to levee or drainage districts Notwithstanding any other provisions of law to the contrary, no land within the boundaries of any levee district or levee and drainage district, or any land that may in the future be included within the boun…
La. Rev. Stat. § 41:139 Notice to local governing authorities of intention to dispose of real property
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§139. Notice to local governing authorities of intention to dispose of real property The state or any of its boards, commissions, departments or agencies, prior to disposing of any real property held by it, except buildings, shall give notice to the governing authority of the par…
La. Rev. Stat. § 41:14 Conveyances of waterbottoms, ownership
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§14. Conveyances of waterbottoms, ownership No grant, sale or conveyance of the lands forming the bottoms of rivers, streams, bayous, lagoons, lakes, bays, sounds, and inlets bordering on or connecting with the Gulf of Mexico within the territory or jurisdiction of the state shal…
La. Rev. Stat. § 41:140 Sales of immovable property by state agencies
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§140. Sales of immovable property by state agencies A. When any state agency as defined in R.S. 39:321(A) designates immovable property under its jurisdiction to be nonessential to the efficient operation of the agency, the secretary or other administrative head shall transfer th…
La. Rev. Stat. § 41:15 Hunting on state land; restrictions
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§15. Hunting on state land; restrictions A. No person shall construct or hunt from a permanent stand on state land. A permanent stand is a stand that is either a non-portable, freestanding structure or a stand that uses nails, screws, spikes, or other means to attach to a tree an…
La. Rev. Stat. § 41:1501 Lease of lakes, bays and coves
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§1501. Lease of lakes, bays and coves The register of the State Land Office, with the concurrence and approval of the governor, is hereby authorized and empowered to lease on behalf of the state any portion or part of any meandered state-owned lake, bay, cove or the bed and botto…
La. Rev. Stat. § 41:1502 Specifications
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§1502. Specifications Any lease granted pursuant to the provisions of this Chapter shall specify the improvements which may be placed in and on the property, and shall prohibit use of the property exclusively by private groups or organizations, and shall contain such other terms …
La. Rev. Stat. § 41:1503 Approval of Lease
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§1503. Approval of Lease No lease may be made under the provisions of this Chapter unless same shall have been approved by the governing authority of the parish or parishes or other political subdivision in which the property covered by the lease is located and by any other state…
La. Rev. Stat. § 41:1504 Subject to prior and future alienations and wildlife laws and regulations
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§1504. Subject to prior and future alienations and wildlife laws and regulations Any lease granted pursuant to the provisions of this Chapter shall be subordinate to prior servitudes and leases and to any future oil, gas and mineral lease and shall be subject to the laws of the s…
La. Rev. Stat. § 41:1505 Cancellation of lease
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§1505. Cancellation of lease The register of the State Land Office shall have the power to cancel any lease issued under the provisions of this Chapter for violation of the purposes, terms, or conditions of such lease. Acts 1960, No. 583, §5. Amended by Acts 1968, No. 626, §1; Ac…
La. Rev. Stat. § 41:1506 Ratification and confirmation of leases in municipalities of five hundred thousand
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§1506. Ratification and confirmation of leases in municipalities of five hundred thousand All contracts of lease previously entered into by the governing authority of a municipality having a population of five hundred thousand or more on the effective date of this Section for lan…
La. Rev. Stat. § 41:151 Receipt of donation of immovable property by state agencies
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§151. Receipt of donation of immovable property by state agencies A. Except as otherwise provided by law, whenever the state is offered donation of immovable property, the commissioner of administration shall evaluate the offer of donation and shall make a determination of whethe…
La. Rev. Stat. § 41:16 Preservation of public lands for hunting, fishing, and recreational opportunities
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§16. Preservation of public lands for hunting, fishing, and recreational opportunities A. The commissioner shall exercise his authority to manage public lands in a manner to support, promote and enhance public hunting, fishing, and recreational opportunities to the extent authori…
La. Rev. Stat. § 41:1601 Declaration of public policy
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§1601. Declaration of public policy It is hereby declared to be the public policy of the state of Louisiana to protect and preserve prehistoric and historic properties, artifacts, treasure troves, and objects of antiquity which have historical value or which are of interest to th…
La. Rev. Stat. § 41:1602 Louisiana Archaeological Survey and Antiquities Commission
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§1602. Louisiana Archaeological Survey and Antiquities Commission A. There is hereby created the Louisiana Archaeological Survey and Antiquities Commission which shall be referred to as the "commission" for the purposes of this Chapter. The purpose of the commission shall be to p…
La. Rev. Stat. § 41:1603 Division of archaeology; state archaeologist
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§1603. Division of archaeology; state archaeologist A. There is hereby created the division of archaeology, which shall be referred to as the "division" for purposes of this Chapter. The division shall be located within the office of cultural development of the Department of Cult…
La. Rev. Stat. § 41:1604 Responsibilities of the division
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§1604. Responsibilities of the division The division shall initiate and promulgate a program in archaeology, which shall include but not be limited to the activities delineated in this Section. In carrying out this responsibility, the division shall: (1) Promulgate reasonable rul…
La. Rev. Stat. § 41:1605 Archaeological finds on state land; state property
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§1605. Archaeological finds on state land; state property A. All sunken or abandoned pre-twentieth century ships and wrecks of the sea and any part of the contents thereof and all archaeological treasure located in, on or under the surface of lands belonging to the state of Louis…
La. Rev. Stat. § 41:1606 Permits for recovery
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§1606. Permits for recovery The secretary, with the advice of the division, may issue a permit to any governmental agency, political subdivision, group, or person for the recovery of archaeological materials, treasure, sunken or abandoned ships and wrecks of the sea, or parts the…
La. Rev. Stat. § 41:1607 Contracts for recovery
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§1607. Contracts for recovery A. The secretary, with the advice of the division, may enter into a contract with any governmental agency, political subdivision, group, or person for the recovery of archaeological materials, treasure, sunken or abandoned ships and wrecks of the sea…
La. Rev. Stat. § 41:1608 Grants and fees
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§1608. Grants and fees A. The division shall be authorized to accept gifts, grants, devices, and bequests of money, securities, or property. B. The division shall be authorized to assess fees for technical services which it provides to public or private entities or persons, which…
La. Rev. Stat. § 41:1609 Access to information
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§1609. Access to information Records of the division which specify the specific location of archaeological sites, including but not limited to the state archaeological site files, shall not be public information. Access to such records shall be restricted to individuals who have …
La. Rev. Stat. § 41:1610 Prohibited excavations
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§1610. Prohibited excavations A. No person, not being the owner thereof, shall without the consent of the owner enter or attempt to enter upon the lands of another and intentionally injure, disfigure, remove, excavate, damage, take, dig into, or destroy any sites or artifacts add…
La. Rev. Stat. § 41:1611 Public cooperation; private lands
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§1611. Public cooperation; private lands Every individual is encouraged, prior to knowingly disfiguring, removing, excavating, damaging, taking, digging into, or destroying any prehistoric or historic archaeological site, American Indian or aboriginal campsites, mounds, artifacts…
La. Rev. Stat. § 41:1612 Injunctive relief
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§1612. Injunctive relief A. In addition to and without limiting the other powers of the attorney general, and without altering or waiving any criminal penalty fixed by this Chapter, the attorney general shall have the authority to bring an action in the name of the state in any c…
La. Rev. Stat. § 41:1613 State cooperation
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§1613. State cooperation The chief administrative officers of all state agencies are authorized and directed to cooperate with and assist the division, the secretary, and the attorney general in carrying out the purposes and intent of this Chapter. All state and local law enforce…
La. Rev. Stat. § 41:1614 Penalties
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§1614. Penalties Any person violating any of the provisions of this Chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than five hundred dollars or imprisonment for not more than thirty days, or by both. Each day of continued viol…
La. Rev. Stat. § 41:1615 Repealed by Acts 2021, No
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§1615. Repealed by Acts 2021, No. 114, §17, eff. July 1, 2022.
La. Rev. Stat. § 41:1701 Declaration of policy; public trust
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§1701. Declaration of policy; public trust The beds and bottoms of all navigable waters and the banks or shores of bays, arms of the sea, the Gulf of Mexico, and navigable lakes belong to the state of Louisiana, and the policy of this state is hereby declared to be that these lan…
La. Rev. Stat. § 41:1701.1 State Land Office; powers, duties, functions, and responsibilities
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§1701.1. State Land Office; powers, duties, functions, and responsibilities A. The duties of the State Land Office shall be under the administration of a public lands administrator and a deputy public lands administrator who shall be responsible for performing the functions set f…
La. Rev. Stat. § 41:1702 Reclamation of lands lost through erosion, compaction, subsidence, and sea level
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§1702. Reclamation of lands lost through erosion, compaction, subsidence, and sea level rise; land acquisition for certain coastal projects; requirements A. To best insure the public interests sought to be protected by the trust, the lands encompassed therein shall not be alienat…
La. Rev. Stat. § 41:1703 Permits and licenses for encroachments other than reclamation projects
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§1703. Permits and licenses for encroachments other than reclamation projects A. Encroachments, other than those provided in R.S. 41:1702, may be permitted and licensed by the division under the provisions of this Chapter. B. The office, with the aid of the division, the Departme…
La. Rev. Stat. § 41:1704 Definitions
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§1704. Definitions As used in this Chapter: (1) "Encroachment" means any construction, or improvement, obstacle, fill, or material which is placed upon or maintained upon state lands. (2) "Pier" means any structure extending channelward from the shore or bank, built upon pilings …
La. Rev. Stat. § 41:1705 Application of Chapter; exemptions
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§1705. Application of Chapter; exemptions This Chapter shall not apply to: (1) Piers, wharves, structures, or other improvements within the jurisdiction of any deep-water port commission of this state, including but not restricted to the authority to grant permits to construct, c…
La. Rev. Stat. § 41:1706 Classes of permits
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§1706. Classes of permits A. Any person desiring to construct, create, alter, improve, extend, or maintain any wharf, pier, dock, bulkhead, landfill, structure, or other encroachment shall obtain a permit from the office, prior to commencing any work, under the procedures establi…
La. Rev. Stat. § 41:1707 Permits; applications; documentation and processing
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§1707. Permits; applications; documentation and processing A. Any person or entity desiring to commence operations upon any encroachment as provided in R.S. 41:1706 shall notify the office in writing of his intent to apply for a permit, and the nature thereof. Upon receipt of the…
La. Rev. Stat. § 41:1708 Leases to maintain encroachments; exceptions
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§1708. Leases to maintain encroachments; exceptions The office may grant leases for the continuing maintenance of all lawful encroachments upon state lands upon such terms and conditions established as most beneficial to both the state and lessee, in accordance with law. Owners o…
La. Rev. Stat. § 41:1709 Terms and conditions of leases
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§1709. Terms and conditions of leases A. Owners or occupiers of encroachments, constructed pursuant to a permit issued hereunder, and those existing upon state lands as of July 13, 1978, which are otherwise lawful except for a permit, shall apply to the office for a lease of the …
La. Rev. Stat. § 41:171 §§171 to 176 Repealed by Acts 1960, No
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§171. §§171 to 176 Repealed by Acts 1960, No. 568, §2
La. Rev. Stat. § 41:1710 Leases for encroachments wholly upon public lands; leases for
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§1710. Leases for encroachments wholly upon public lands; leases for encroachments under this Title A. Where an encroachment is located wholly upon state waterbottoms and not proximate to any bank or shore, a lease may be granted under the procedure, terms and conditions for the …
La. Rev. Stat. § 41:1711 Leases and permits; general conditions
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§1711. Leases and permits; general conditions A. All permits and leases for encroachments shall be conditioned upon the applicant's or lessee's holding the state and office harmless for all acts or omissions of any person or agent in the construction and maintenance of the encroa…
La. Rev. Stat. § 41:1712 Leases and permits; grant or denial; title
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§1712. Leases and permits; grant or denial; title A. Where encroachment, activity, or lease thereof would or does obstruct or hinder the navigability of any waters of the state, impose undue or unreasonable restrains on the state or public rights which have vested pursuant to Lou…