Title 38, Public Contracts, Works and Improvements
0 chapters · 1,355 sections in this title.
La. Rev. Stat. § 38:393 Grant as additional authority
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§393. Grant as additional authority The right to take possession and title in advance of final judgment as provided herein is in addition to any right or authority conferred by the laws of this state under which expropriation or appropriation proceedings may be conducted and shal…
La. Rev. Stat. § 38:394 Devolutive appeal; effect of appeal
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§394. Devolutive appeal; effect of appeal A devolutive appeal shall lie from suits tried pursuant to this Part without any additional deposit by the plaintiff, and no appeal from any suit brought under the provisions of this Part shall operate to prevent or delay the vesting of t…
La. Rev. Stat. § 38:395 Divesting of title
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§395. Divesting of title The plaintiff shall not be divested by court order of any title acquired under these provisions except where such court finds that the property was not expropriated for a public purpose. In the event of such findings, the court shall enter such judgment a…
La. Rev. Stat. § 38:396 Appropriation; effect on other authority
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§396. Appropriation; effect on other authority Nothing in this Part shall be construed to affect the authority of any levee district or levee and drainage district conferred by the constitution or laws to appropriate property for levee, drainage, levee drainage, or related purpos…
La. Rev. Stat. § 38:4 Drainage and reclamation of property
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§4. Drainage and reclamation of property The Department of Public Works may, on its own initiative and at its own expense with any money appropriated by the State for these purposes, drain and reclaim, or cause to be drained and reclaimed, the undrained or partially drained marsh…
La. Rev. Stat. § 38:401 Levee boards and levee and drainage boards authorized to raise money for expenditure by the Mississippi River Commission
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§401. Levee boards and levee and drainage boards authorized to raise money for expenditure by the Mississippi River Commission The boards of commissioners of levee districts and levee drainage districts of this state may raise funds by taxes or otherwise to be expended by and und…
La. Rev. Stat. § 38:402 Appropriation of funds raised for levee purposes
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§402. Appropriation of funds raised for levee purposes A. Any levee board or levee and drainage board with the approval of the office of engineering may appropriate any funds raised under the provisions of R.S. 38:401 or any funds now on deposit in the state treasury heretofore r…
La. Rev. Stat. § 38:403 Sheriffs to furnish levee boards and levee and drainage boards with copy of settlement with state auditor
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§403. Sheriffs to furnish levee boards and levee and drainage boards with copy of settlement with state auditor The sheriffs of all parishes contained within any levee district or levee and drainage district of this state shall furnish quarterly to the secretary of the levee boar…
La. Rev. Stat. § 38:404 Levee commissioners and levee and drainage commissioners to levy taxes
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§404. Levee commissioners and levee and drainage commissioners to levy taxes For the purpose of providing revenue to carry out the objectives contemplated by this Chapter, the board of commissioners of any levee district or levee and drainage district of this state at any meeting…
La. Rev. Stat. § 38:405 Procedure for levying increased taxation
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§405. Procedure for levying increased taxation Whenever the commissioners of any levee district or levee and drainage district shall deem it necessary to increase the rate of taxation for levee purposes in their districts beyond the limit named in Article VI, Section 39 of the Lo…
La. Rev. Stat. § 38:411 Removal of produce before payment of assessment or contribution prohibited; penalty
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§411. Removal of produce before payment of assessment or contribution prohibited; penalty Produce liable to special assessment or forced contribution shall not be removed from the limits of the parish, levee district or levee and drainage district where the produce has been raise…
La. Rev. Stat. § 38:412 Recovery of penalties, costs and attorney's fees
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§412. Recovery of penalties, costs and attorney's fees The penalties, costs, and attorney's fees provided for in R.S. 38:411 shall be recovered by civil action brought in the name of the levee board or levee and drainage board to which the special assessment or forced contributio…
La. Rev. Stat. § 38:413 Service of process on watercraft
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§413. Service of process on watercraft The service of any and all judicial processes under the provisions of this Subpart upon any steamboat, vessel, or watercraft or the owners, masters, or persons in command thereof may be made on board upon the master, clerk, or mate of the bo…
La. Rev. Stat. § 38:414 Special assessments constitute liens on produce and other property
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§414. Special assessments constitute liens on produce and other property The special assessment or forced contribution levied on produce by the levee boards or levee and drainage boards shall be secured by first lien and privilege on the produce and on all other property of the p…
La. Rev. Stat. § 38:415 Penalties constitute lien on watercraft
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§415. Penalties constitute lien on watercraft The penalties, costs, and attorney's fees provided for in R.S. 38:411 against boats, vessels, and other watercraft shall be secured by first lien and privilege upon the boat, vessel, or other watercraft. Acts 1985, No. 785, §1, eff. J…
La. Rev. Stat. § 38:416 Assessors to prepare duplicate list of producers
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§416. Assessors to prepare duplicate list of producers A. The assessor of each parish wholly or in part within the limits of one of the levee districts or levee and drainage districts of the state shall make out and complete on or before the first day of June of each year a dupli…
La. Rev. Stat. § 38:417 Issuance of warrants for compensation of assessors upon completion of duties
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§417. Issuance of warrants for compensation of assessors upon completion of duties The state auditor shall not audit or warrant the compensation of any assessor of the state whose parish or any portion thereof lies within a levee district or levee and drainage district until the …
La. Rev. Stat. § 38:418 Sheriff ex officio collector of assessments
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§418. Sheriff ex officio collector of assessments A. The sheriff of each parish wholly or in part situated within the limits of one of the levee districts or levee and drainage districts of the state, except the parish of Orleans, shall be ex officio the collector of all local as…
La. Rev. Stat. § 38:419 Declaration by producers; estimate by sheriff
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§419. Declaration by producers; estimate by sheriff The assessor if so directed by the presidents of the various levee boards or levee and drainage boards shall, and the sheriff may, require each producer of articles liable to the produce special assessment or forced contribution…
La. Rev. Stat. § 38:420 Collection by sheriffs and deputies; returns of deputies
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§420. Collection by sheriffs and deputies; returns of deputies The sheriff is prohibited from entrusting the collection of the produce tax to any person who is not sworn as a deputy sheriff. Any sheriff violating this Section shall be fined not less than twenty-five dollars nor m…
La. Rev. Stat. § 38:421 Local assessments or forced contributions
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§421. Local assessments or forced contributions A. Atchafalaya Basin Levee District. The board of commissioners of the Atchafalaya Basin Levee District may levy annually a local assessment or forced contribution of two and a half cents on each acre of land within the district and…
La. Rev. Stat. § 38:422 §§422, 423 Repealed by Acts 1985, No
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§422. §§422, 423 Repealed by Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:431 Authority to issue bonds; interest rate, etc
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§431. Authority to issue bonds; interest rate, etc. The boards of commissioners of the levee districts and levee and drainage districts of the state may issue bonds not to exceed the total amount of bonds which they have been heretofore authorized by law to issue in the sums and …
La. Rev. Stat. § 38:432 Bonds in lieu of outstanding bonds
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§432. Bonds in lieu of outstanding bonds The intent of this Subpart is that the levee districts and levee and drainage districts may issue bonds in lieu of the bonds already authorized, not in addition thereto, but in carrying out the power to refund outstanding bonds into bonds …
La. Rev. Stat. § 38:433 Refunding of outstanding bonds
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§433. Refunding of outstanding bonds The refunding of the outstanding bonds of a levee district or levee and drainage district into the bonds authorized by this Subpart may be effected by a direct exchange of bonds or by a negotiation of the bonds authorized by this Subpart, and …
La. Rev. Stat. § 38:434 Exchange of new for old bonds; duties of state treasurer and auditor
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§434. Exchange of new for old bonds; duties of state treasurer and auditor The direct exchange of bonds shall be effected by the state treasurer, upon the warrant of the auditor of the state, in pursuance of a resolution of the levee board or levee and drainage board. The treasur…
La. Rev. Stat. § 38:435 Sale of bonds for redemption of outstanding bonds; disposition of surplus
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§435. Sale of bonds for redemption of outstanding bonds; disposition of surplus The bonds, when negotiated as authorized by R.S. 38:433, shall be issued to the purchaser or purchasers thereof by the treasurer of the state upon the warrant of the auditor and in pursuance of a reso…
La. Rev. Stat. § 38:436 Sale of bonds for other purposes; disposition of proceeds
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§436. Sale of bonds for other purposes; disposition of proceeds Bonds under this Subpart not issued for the purpose of refunding outstanding bonds shall be issued by the state treasurer upon the warrant of the state auditor in pursuance of a resolution of the levee board or levee…
La. Rev. Stat. § 38:437 Annual tax to pay interest
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§437. Annual tax to pay interest For the purpose of paying the interest of the bonds, the levee boards and levee and drainage boards shall levy annually to an amount sufficient for that purpose the taxes and local contributions which they are authorized and empowered to levy and …
La. Rev. Stat. § 38:438 Annual tax to create sinking fund for principal of bonds
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§438. Annual tax to create sinking fund for principal of bonds For the purpose of providing a sinking fund to meet the payment of the principal of the bonds issued under this Subpart, the levee board or levee and drainage board, beginning ten years before the maturity of the bond…
La. Rev. Stat. § 38:439 Duty of auditor where levee boards and levee and drainage boards fail to levy tax
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§439. Duty of auditor where levee boards and levee and drainage boards fail to levy tax In case of the failure of the levee board or levee and drainage board to levy the taxes and local contributions, as provided for in R.S. 38:437 and 38:438, or in case from any other cause the …
La. Rev. Stat. § 38:440 Courts may enforce payment of principal and interest
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§440. Courts may enforce payment of principal and interest In case for any cause it becomes necessary in order to enforce payment of the principal or interest of the bonds, any court of competent jurisdiction, at the joint or separate suit of any holder or holders of the bonds, s…
La. Rev. Stat. § 38:441 Binding obligation of state
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§441. Binding obligation of state This Subpart and the laws providing for the creation and government of the levee districts and levee and drainage districts and their authority or power to levy and collect taxes and local contributions and to issue bonds shall not be repealed or…
La. Rev. Stat. § 38:442 Mandamus to compel action by authorities
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§442. Mandamus to compel action by authorities The performance of the duties imposed by this Subpart upon the boards and other officers of this state may be enforced by mandamus at the separate or joint suit of any holder or holders of the bonds in case of failure on the part of …
La. Rev. Stat. § 38:443 Existing rights to issue bonds not limited
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§443. Existing rights to issue bonds not limited Nothing contained in this Subpart shall be construed as depriving the levee districts and levee and drainage districts of the right or power to issue their bonds in the manner and form already authorized if the boards of commission…
La. Rev. Stat. § 38:451 Authority to issue
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§451. Authority to issue The board of commissioners of any levee district or levee and drainage district in Louisiana may issue bonds of the district in addition to any bond which it may by law now issue for the purpose of paying, refunding, or refinancing the principal and inter…
La. Rev. Stat. § 38:452 Resolution authorizing bonds
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§452. Resolution authorizing bonds Refunding bonds shall be authorized by a resolution of the board of commissioners of the levee district or levee and drainage district, and the resolution shall be promulgated by one insertion in the official journal of the district to be made w…
La. Rev. Stat. § 38:453 Payment of interest
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§453. Payment of interest The interest on refunding bonds shall be paid out of funds arising from the collection of taxes and other revenues of the levee board or levee and drainage board, and the state treasurer shall pay any and all interest that may be due on the bonds when pr…
La. Rev. Stat. § 38:454 Payment of bonds
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§454. Payment of bonds The board of commissioners shall set aside and deduct out of the taxes, local contributions, and other revenues of the levee board or levee and drainage board, by preference over all other claims, an amount sufficient to pay the bonds as they mature, as pro…
La. Rev. Stat. § 38:455 Levy of taxes and local contributions; setting apart amounts necessary; order of payment
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§455. Levy of taxes and local contributions; setting apart amounts necessary; order of payment For the purpose of paying the principal of and the interest on the bonds issued under this Subpart, the board of commissioners of the district shall annually levy, in an amount sufficie…
La. Rev. Stat. § 38:456 Extension and collection of taxes when board fails to levy
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§456. Extension and collection of taxes when board fails to levy In the event of the failure of the board of commissioners of the levee district or levee and drainage district to levy the taxes and local contributions, as provided in R.S. 38:455 or, if for any other cause the tax…
La. Rev. Stat. § 38:457 Issuance from time to time; differences in date, maturity or interest
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§457. Issuance from time to time; differences in date, maturity or interest It is the intent of this Subpart that the boards of commissioners may issue bonds under the provisions of this Subpart for the purpose of paying, refunding, or refinancing the principal and interest of an…
La. Rev. Stat. § 38:458 Enforcement of collection of taxes and local contributions by court
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§458. Enforcement of collection of taxes and local contributions by court In case for any cause it becomes necessary to enforce payment of the principal of or the interest on any bonds issued under this Subpart, any court of competent jurisdiction at the joint or separate suit of…
La. Rev. Stat. § 38:459 Repeal or modification of statute to detriment of bonds
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§459. Repeal or modification of statute to detriment of bonds This Subpart and all other statutes authorizing levee districts and levee and drainage districts in the state to levy and collect taxes and local contributions or to issue bonds shall not be repealed or modified to the…
La. Rev. Stat. § 38:460 Enforcement of duties by mandamus
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§460. Enforcement of duties by mandamus The performance of the duties imposed by this Subpart upon the boards of commissioners of the levee districts and levee and drainage districts, and upon other officers of this state may be enforced by mandamus at the separate or joint suit …
La. Rev. Stat. § 38:461 Full authority for issuing bonds; additional and alternative methods
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§461. Full authority for issuing bonds; additional and alternative methods This Subpart without reference to any other statute shall be deemed to be full and complete authority for the issuance of refunding bonds by the levee districts and levee and drainage districts of this sta…
La. Rev. Stat. § 38:471 Authority to issue bonds
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§471. Authority to issue bonds The board of commissioners or other governing authority of any levee district or levee and drainage district in the state may issue bonds of the district, in addition to any bonds which it is now authorized by law to issue, for the purpose of constr…
La. Rev. Stat. § 38:472 Resolution authorizing bonds; contest of legality of bonds or tax
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§472. Resolution authorizing bonds; contest of legality of bonds or tax The improvement bonds shall be authorized by a resolution of the board of commissioners of the district, and the resolution shall be promulgated by one insertion in a newspaper of general circulation publishe…
La. Rev. Stat. § 38:473 Interest on bonds
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§473. Interest on bonds The interest on the bonds shall be paid out of funds arising from the collection of taxes and other revenues of the levee board or levee and drainage board, and the state treasurer shall pay any interest that may be due on the bonds when presented by any b…
La. Rev. Stat. § 38:474 Payment of bonds at maturity
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§474. Payment of bonds at maturity The board of commissioners shall set aside and deduct out of the taxes, local contributions, and other revenues of the board by preference over all other claims an amount sufficient to pay the series of bonds maturing each year as provided in th…