Title 38, Public Contracts, Works and Improvements
0 chapters · 1,355 sections in this title.
La. Rev. Stat. § 38:1995 Corporate powers
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§1995. Corporate powers The corporation in its corporate name may sue and be sued, contract, purchase, own, lease, and mortgage property, real, personal, and mixed. The board may borrow money and issue negotiable bonds and secure the bonds by mortgage, pledge, and hypothecation o…
La. Rev. Stat. § 38:1996 Name of corporation; domicile; citation and other process
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§1996. Name of corporation; domicile; citation and other process The legal title of the corporation shall be the Lafourche Basin Levee and Drainage District. The domicile of the corporation shall be in the city of Monroe, Louisiana, where its principal office shall be maintained …
La. Rev. Stat. § 38:1997 Elections
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§1997. Elections In all elections levying special taxes, local assessments, forced contributions, and acreage taxes, held in the Lafourche Basin Levee and Drainage District, the governing authority thereof shall proceed in the manner and according to the provisions of the Constit…
La. Rev. Stat. § 38:1998 Levy and collection of taxes, assessments and forced contributions
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§1998. Levy and collection of taxes, assessments and forced contributions All taxes, special taxes, local assessments, forced contributions and acreage taxes, levied, assessed and collected in the Lafourche Basin Levee and Drainage District shall be levied, assessed, and collecte…
La. Rev. Stat. § 38:1999 Classes of lands or sub-drainage districts
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§1999. Classes of lands or sub-drainage districts The board of commissioners may divide the lands in the Lafourche Basin Levee and Drainage District into classes or sub-drainage districts, and tax, locally assess, and impose forced contributions and acreage taxes on the lands in …
La. Rev. Stat. § 38:2 Functions of department
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§2. Functions of department A.(1) The functions of the Department of Transportation and Development shall comprise all of the administrative functions of the state in relation to the planning, design, survey and construction, operation, and maintenance and repair of public buildi…
La. Rev. Stat. § 38:20 Red River Compact Commission membership
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§20. Red River Compact Commission membership A. There shall be two members appointed to represent the state of Louisiana on the Red River Compact Commission as required by Act No. 71 of the 1978 Regular Session of the Legislature. One member shall be the chief engineer of the off…
La. Rev. Stat. § 38:2021 §§2021 to 2032 Repealed by Acts 1985, No
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§2021. §§2021 to 2032 Repealed by Acts 1985, No. 785, §2, eff. July 22, 1985.
La. Rev. Stat. § 38:2041 Creation of district; limits
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§2041. Creation of district; limits There is hereby created the Rapides Parish Stormwater Management and Drainage District, composed of Wards 1, 2, 3, 4, 7, and 8 of the parish of Rapides. The district shall be a corporation and political subdivision of the state. The district is…
La. Rev. Stat. § 38:2042 Board of commissioners; qualification of members; appointment; tenure; vacancies; removal of members
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§2042. Board of commissioners; qualification of members; appointment; tenure; vacancies; removal of members A. The control and management of the affairs of the Rapides Parish Stormwater Management and Drainage District shall be vested in a board of commissioners, which is hereby …
La. Rev. Stat. § 38:2043 Meetings of board; officers; salaries and expenses
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§2043. Meetings of board; officers; salaries and expenses The board shall convene and hold its first meeting in the city of Alexandria within sixty days after the appointment of commissioners. A majority of the board shall constitute a quorum to do business. The board shall elect…
La. Rev. Stat. § 38:2044 General powers and duties of the board
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§2044. General powers and duties of the board The board of commissioners shall have all powers necessary or convenient for carrying out its purposes, including but not limited to the following rights and powers: (1) The board shall adopt bylaws for its own government and for the …
La. Rev. Stat. § 38:2045 Corporate status and powers of board; domicile; evidence of acts and proceedings; deposit of funds; warrants
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§2045. Corporate status and powers of board; domicile; evidence of acts and proceedings; deposit of funds; warrants The board of commissioners shall constitute a body corporate in law, with all the powers of a corporation, and with all the powers and rights of a political subdivi…
La. Rev. Stat. § 38:2046 District tax; collection and allocation of proceeds thereof
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§2046. District tax; collection and allocation of proceeds thereof For the purpose of providing revenue to carry out the objects contemplated hereby, the board may levy and collect annually a tax on all property in the district subject to a district tax under the authority of Art…
La. Rev. Stat. § 38:2047 Authority to issue bonds
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§2047. Authority to issue bonds In addition to the right to levy taxes as herein provided, the district shall have the power to issue bonds for the purpose of constructing, acquiring, extending, and improving drains and drainage facilities of the district pursuant to Article VI, …
La. Rev. Stat. § 38:2048 Liberal construction
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§2048. Liberal construction This Part, being intended to carry out a function of the state to protect the health and welfare of the inhabitants of the portion of the state to be affected hereby, shall be liberally construed by the courts to effect its purposes. Added by Acts 1982…
La. Rev. Stat. § 38:21 Intent
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§21. Intent It is the responsibility of the state to provide a means for the inspection, regulation, and supervision of all present or future dams within the state and the operation and maintenance of those as specified in this Chapter, both federal and nonfederal but excluding t…
La. Rev. Stat. § 38:2101 Creation of district by police jury
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§2101. Creation of district by police jury A. As used in this Chapter the term "police jury" means the parish governing authority unless the context clearly indicates otherwise. B. The lands comprising one or more parishes or comprising any portion or portions of one or more pari…
La. Rev. Stat. § 38:2102 Creation of district upon petition of landowners; lands in more than one parish
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§2102. Creation of district upon petition of landowners; lands in more than one parish Police juries shall create and form irrigation districts when a petition to do so is filed by the property owners owning a majority of the acres of land within the limits of a proposed irrigati…
La. Rev. Stat. § 38:2103 Recordation of ordinance creating district; publication
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§2103. Recordation of ordinance creating district; publication Certified copies of all ordinances of police juries creating irrigation districts under the provisions of this Part shall be recorded in the mortgage records of each parish in which any of the land is situated compris…
La. Rev. Stat. § 38:2104 Contesting legality of district; appeal
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§2104. Contesting legality of district; appeal Any interested person desiring to contest the legality of any irrigation district created under this Part shall do so by suit against the irrigation district brought in the district court of the domicile of the district within sixty …
La. Rev. Stat. § 38:2105 Name of district
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§2105. Name of district Irrigation districts created under this Part shall be known as irrigation districts, with any other name or number that the police jury may designate. The name suggested in the petition shall be designated by the police jury unless the same conflicts with …
La. Rev. Stat. § 38:2106 Domicile; change of domicile; meetings to be held at domicile
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§2106. Domicile; change of domicile; meetings to be held at domicile In the ordinance creating an irrigation district under this Part, the domicile of the district shall be designated. The commissioners of an irrigation district may at any time, by resolution, establish a differe…
La. Rev. Stat. § 38:2107 Board of commissioners; qualifications; term; compensation
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§2107. Board of commissioners; qualifications; term; compensation All irrigation districts formed or created under the provisions of this Part shall be governed and controlled by five commissioners to be known as a board of commissioners. Each commissioner must be a qualified ele…
La. Rev. Stat. § 38:2108 Appointment of commissioners
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§2108. Appointment of commissioners In the ordinance creating an irrigation district under this Part, the police jury creating the district shall appoint the five commissioners who shall constitute the governing authority of the district, and who shall possess the qualifications,…
La. Rev. Stat. § 38:2109 Oaths of commissioners
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§2109. Oaths of commissioners Before entering upon his official duties, each commissioner of an irrigation district created under this Part shall take and subscribe to an oath before an officer authorized by law to administer oaths, that he will honestly, faithfully, and impartia…
La. Rev. Stat. § 38:211 Cutting or destroying levees prohibited
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§211. Cutting or destroying levees prohibited No unauthorized person shall wilfully and maliciously cut, alter, break, or destroy in any manner any public or private levee, embankment, floodwall, floodgate, or other flood protective device within a levee district or cause to open…
La. Rev. Stat. § 38:2110 Officers of board; bond of secretary-treasurer
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§2110. Officers of board; bond of secretary-treasurer At the time and place designated by the police jury in the ordinance creating the irrigation district, or as soon thereafter as possible, the commissioners appointed in the ordinance shall meet and immediately organize by elec…
La. Rev. Stat. § 38:2111 Seal; selection of bank; warrants
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§2111. Seal; selection of bank; warrants The board of commissioners shall adopt a suitable seal and shall select without the necessity of advertising or receiving bids therefor one or more solvent chartered banks of the state. Funds of the district shall be withdrawn or paid out …
La. Rev. Stat. § 38:2112 Powers and authority of irrigation districts
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§2112. Powers and authority of irrigation districts Any irrigation district thus created and named or numbered by any police jury of any parish of the state, shall constitute a body corporate in law, with all the powers of a corporation, and with all the powers and rights of a po…
La. Rev. Stat. § 38:2113 Letting contracts
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§2113. Letting contracts Any and all contracts of the district may be let by the governing authority thereof without advertisement, but the governing authority may provide for a public letting of any of its contracts if it sees fit, on the terms, and subject to the conditions, wh…
La. Rev. Stat. § 38:2114 Records to be kept
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§2114. Records to be kept The board of commissioners of irrigation districts organized under this Part shall cause to be kept a well bound book, entitled "record book of board of commissioners of (here insert name of irrigation district)" in which shall be recorded the minutes of…
La. Rev. Stat. § 38:2115 Employment of attorneys, engineers, etc.; compensation
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§2115. Employment of attorneys, engineers, etc.; compensation The board of commissioners of every irrigation district created under the provisions of this Part, may employ an attorney or attorneys, and fix his or their compensation. The board of commissioners may employ engineers…
La. Rev. Stat. § 38:2116 Levy of acreage tax or forced contribution
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§2116. Levy of acreage tax or forced contribution Any irrigation district created under this Part may, through its governing authority, when petitioned to do so by landowners owning a majority of the acres of land in the district, outside of the corporate limits of incorporated t…
La. Rev. Stat. § 38:2117 Lands within corporate limits not to be taxed
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§2117. Lands within corporate limits not to be taxed Lands within the corporate limits of incorporated towns and cities, although within the limits of an irrigation district, shall not be liable to taxation for any purpose under this Part, nor shall these lands be considered in c…
La. Rev. Stat. § 38:2118 Lands to be taxed
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§2118. Lands to be taxed All lands included within the boundaries of any irrigation district, except those lands within the corporate limits of incorporated towns and cities, shall be taxed. The fact that water from the natural or artificial waterways within the district is not u…
La. Rev. Stat. § 38:2119 Elections called by board
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§2119. Elections called by board Irrigation districts created under this Part, in order to carry out the provisions of this Part relative to the proper administration of the affairs of the district, through their governing authority, may call elections in accordance with the term…
La. Rev. Stat. § 38:212 Attempt to cut or destroy levee prohibited
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§212. Attempt to cut or destroy levee prohibited No person shall wilfully and maliciously attempt to cut, alter, break, or destroy in any manner any public or private levee, embankment, floodwall, floodgate, or other flood protective device within a levee district or cause to ope…
La. Rev. Stat. § 38:2120 Landowners may petition for bond election
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§2120. Landowners may petition for bond election Whenever landowners, owning not less than twenty-five per cent of the total acreage of the land in an irrigation district outside of the corporate limits of incorporated towns and cities, shall petition the governing authority of t…
La. Rev. Stat. § 38:2121 Conduct of elections
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§2121. Conduct of elections All elections herein authorized, and the details and procedure relating to the voting of taxes and issuance of negotiable bonds, polling places, qualifications of voters, list of voters, challenging votes, form of ballots, notice to voters, election of…
La. Rev. Stat. § 38:2122 Bonds sold at public sale
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§2122. Bonds sold at public sale Bonds authorized to be issued by the irrigation districts shall be sold at public sale for a price not less than that fixed by law, after advertisement for three weeks, the first advertisement to be at least fifteen days prior to the date set for …
La. Rev. Stat. § 38:2123 Collection of taxes
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§2123. Collection of taxes Assessors of the various parishes in which irrigation districts or portions thereof are located shall, upon the levy of acreage taxes by the governing authority of any irrigation district created under this Part, extend the taxes upon the assessment rol…
La. Rev. Stat. § 38:213 Riding or hauling on levees prohibited
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§213. Riding or hauling on levees prohibited A. No person shall ride, drive, or haul upon the public levees or integrated coastal protection projects or their rights-of-way except where, in the judgment of the levee commissioners of a district and the Department of Transportation…
La. Rev. Stat. § 38:213.1 Hunting or discharge of firearms, when prohibited
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§213.1. Hunting or discharge of firearms, when prohibited A. Hunting or the discharge of firearms on roads or highways located on public levees or within one hundred feet from the center line of such roads or highways is hereby prohibited except by law enforcement officers in dis…
La. Rev. Stat. § 38:214 RS 38:214
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§214 as amended by Acts 2025, No. 452, §2, eff. Aug. 1, 2025. §214. Interference with drainage prohibited A. No person shall dump or discharge or permit to be dumped or discharged into any drains of the local governing body any trees or other objects, substances, or materials whi…
La. Rev. Stat. § 38:214.1 Prohibiting interference with drainage systems; ordinances authorized
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§214.1. Prohibiting interference with drainage systems; ordinances authorized Any governing authority may adopt an ordinance that shall make it unlawful for any person, firm, or corporation owning property within a city or town or any tenant of such property, which abuts a draina…
La. Rev. Stat. § 38:215 Obstruction of drainage prohibited
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§215. Obstruction of drainage prohibited No person shall wilfully obstruct any natural or artificial drainage canal, creek, bayou, or small river, or any public or private drainage. Whoever violates this Section shall be fined not less than twenty-five dollars nor more than one h…
La. Rev. Stat. § 38:215.1 Public drainage; refusal of access for maintenance purposes; court costs and attorney fees; definitions
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§215.1. Public drainage; refusal of access for maintenance purposes; court costs and attorney fees; definitions A. No landowner shall refuse to grant reasonable surface access to any existing natural or artificial public drainage by a local governing authority, drainage district,…
La. Rev. Stat. § 38:216 Drainage of oil, salt water, etc
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§216. Drainage of oil, salt water, etc. into natural drain prohibited; penalties A. Except as hereinafter specifically provided or as authorized by Stream Control Commission permit, no person shall knowingly and willfully empty or drain into or permit to be drained from any pumps…
La. Rev. Stat. § 38:216.1 Water control structures; unauthorized opening; penalties
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§216.1. Water control structures; unauthorized opening; penalties A. No unauthorized person shall willfully open any water control structure which will result in the drainage of saltwater into any natural water body or drain. B. For purposes of this Section, "water control struct…