Title 48, Roads, Bridges and Ferries
0 chapters · 927 sections in this title.
La. Rev. Stat. § 48:346.1 Temporary road signs; sugarcane harvest season
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§346.1. Temporary road signs; sugarcane harvest season During the sugarcane harvest season, the Department of Transportation and Development may install in those parishes where sugarcane is harvested, temporary road signs which warn motorists of particular road hazards existing t…
La. Rev. Stat. § 48:347 Removal of obstacles or hazards from highway or vicinity; campaign signs
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§347. Removal of obstacles or hazards from highway or vicinity; campaign signs A. The department may apply to the court for any process necessary to prevent the installation of any structure, sign, obstacle, object, deposit, or thing within the limits of a highway contrary to thi…
La. Rev. Stat. § 48:348 Informational maps and literature
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§348. Informational maps and literature The secretary may, from time to time, issue maps of the state highway system, or brochures or pamphlets for the information and education of the traveling public in matters of traffic and safety. All such literature shall be issued in the n…
La. Rev. Stat. § 48:35 Minimum safety guidelines of highway design, maintenance, and construction; exemptions
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§35. Minimum safety guidelines of highway design, maintenance, and construction; exemptions A. The Department of Transportation and Development shall adopt minimum safety guidelines with respect to highway and bridge design, construction, and maintenance. These guidelines shall c…
La. Rev. Stat. § 48:35.1 Reflective glass highways markings; minimum standards
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§35.1. Reflective glass highways markings; minimum standards A. The legislature finds and declares the following: (1) Inorganic arsenic is a hazardous substance and is recognized by the United States Environmental Protection Agency and the United States Occupational Health and Sa…
La. Rev. Stat. § 48:36 Topographic mapping
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§36. Topographic mapping A. The department shall develop and maintain a statewide digital geospatial database for topographic mapping with the assistance of other state agencies or departments. The department shall act as authority for geographic names, set standards for the mapp…
La. Rev. Stat. § 48:361 §§361 to 373 Repealed by Acts 1986, 1st Ex
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§361. §§361 to 373 Repealed by Acts 1986, 1st Ex. Sess., No. 32, §8.
La. Rev. Stat. § 48:381 Use and occupancy of highways
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§381. Use and occupancy of highways A. When not inconsistent with the purposes of state highways, the chief engineer may issue permits for the use and occupancy of the rights-of-way of state highways as follows: (1) For the installation, operation, and maintenance of underground …
La. Rev. Stat. § 48:381.1 Rights-of-way; joint use agreements; fees
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§381.1. Rights-of-way; joint use agreements; fees A. The chief engineer, or his duly authorized representative, may enter into joint use agreements affecting those highway rights-of-way which consist of elevated sections and other highway rights-of-way which may be deemed suitabl…
La. Rev. Stat. § 48:381.2 Rights-of-way; telecommunication installations, including wireless telephone
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§381.2. Rights-of-way; telecommunication installations, including wireless telephone hardware, fiber-optic lines, and telecommunications towers; annual report to the legislature A.(1) The chief engineer or his duly authorized representative may issue nonexclusive permits, on a co…
La. Rev. Stat. § 48:381.3 Duty of care associated with placement of public utility facilities on or adjacent to rights-of-way of state highways
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§381.3. Duty of care associated with placement of public utility facilities on or adjacent to rights-of-way of state highways A. The duty of care owed to the motoring public by the owners and/or operators of public utility facilities, located adjacent to a highway, road, street, …
La. Rev. Stat. § 48:381.4 Rights-of-way; wireless telecommunications tower managers
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§381.4. Rights-of-way; wireless telecommunications tower managers The assistant secretary for project delivery or his duly authorized representative may enter into agreements with a wireless telecommunications tower manager to manage such towers for specified periods as follows: …
La. Rev. Stat. § 48:382 Intersection of highways by utilities and facilities
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§382. Intersection of highways by utilities and facilities A. When an existing highway is intersected or proposed to be intersected by a facility or utility used or to be used for the transportation of persons or commodities, as a railway or canal, or when an existing highway is …
La. Rev. Stat. § 48:383 Removable bridges over certain canals
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§383. Removable bridges over certain canals Where a highway is built across a drainage or irrigation canal which was dug by a floating dredge or which may be subject to cleaning or recleaning by a floating dredge, a bridge shall be built at the crossing of a design approved by th…
La. Rev. Stat. § 48:384 Source of money for bridges
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§384. Source of money for bridges A. When the state builds a highway across a canal, the bridge shall be paid for out of the Transportation Trust Fund, except in cases where the owner or owners of the canal are obligated to the erection and maintenance of a bridge over it. B. Whe…
La. Rev. Stat. § 48:385 Sewage disposal in highway ditches
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§385. Sewage disposal in highway ditches No industrial wastes, sewage, septic tanks effluent, nor any noxious or harmful matter, solid, liquid, or gaseous, shall be discharged into the side or cross ditches or placed upon the rights-of-way of state highways, without the prior wri…
La. Rev. Stat. § 48:386 Repairs to railway grade crossings and crossing warning devices; responsibility on railroads
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§386. Repairs to railway grade crossings and crossing warning devices; responsibility on railroads A. Whenever a highway crosses a railroad track at grade, and the grade crossing needs repair and should, in the judgment of the chief engineer or his duly authorized representative,…
La. Rev. Stat. § 48:386.1 Maintenance of railroad rights-of-way at public road or highway railroad grade crossings; notice; penalty
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§386.1. Maintenance of railroad rights-of-way at public road or highway railroad grade crossings; notice; penalty A. As used in this Section, the following definitions shall apply: (1) "Maintenance length" means a distance of three hundred feet on each side of the centerline of t…
La. Rev. Stat. § 48:387 Contributions by the Department of Highways to the maintenance of flashing light signals at railroad crossings; conditions
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§387. Contributions by the Department of Highways to the maintenance of flashing light signals at railroad crossings; conditions The Department of Transportation and Development may, to the extent that the legislature appropriates funds therefor, make payments to railroads, whose…
La. Rev. Stat. § 48:388 State rail freight service assistance
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§388. State rail freight service assistance A. The Department of Transportation and Development is hereby authorized to exercise those powers necessary for the state to qualify for federal rail freight service assistance pursuant to the provisions of the Railroad Revitalization a…
La. Rev. Stat. § 48:388.1 Class II and III Rail Infrastructure Improvement Program
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§388.1. Class II and III Rail Infrastructure Improvement Program A.(1) The Class II and III Rail Infrastructure Improvement Program is hereby created within the department. (2) The program shall be made available to Class II and III railroads for rail improvement needs to maintai…
La. Rev. Stat. § 48:389 Railroad traffic; certain speed restrictions
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§389. Railroad traffic; certain speed restrictions A. In accordance with the Federal Railroad Safety Act (FRSA), 45 USC §421 et seq., specifically Section 434 thereof, the Department of Transportation and Development is authorized to establish speed restrictions for railroad traf…
La. Rev. Stat. § 48:389.1 Parish public roadways; designation as public crossings
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§389.1. Parish public roadways; designation as public crossings Each parish governing authority is authorized to designate parish public roadways, as defined in R.S. 48:753(F), intersecting a railroad right of way as public crossings. Upon a formal designation as a public crossin…
La. Rev. Stat. § 48:390 Railroad grade crossing improvement and elimination; notification
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§390. Railroad grade crossing improvement and elimination; notification A. The secretary shall complete a study of all public railroad grade crossings to establish priorities for improvement, relocation, or closure in compliance with federal guidelines and shall develop a priorit…
La. Rev. Stat. § 48:390.1 Railroad grade crossing elimination; parish and municipal roads
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§390.1. Railroad grade crossing elimination; parish and municipal roads A.(1) The department is authorized to evaluate the need to close any public railroad grade crossing on a non-state maintained highway within the territorial jurisdiction of any local governing authority in co…
La. Rev. Stat. § 48:391 Obstruction of railroad grade crossings
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§391. Obstruction of railroad grade crossings A.(1) It shall be unlawful for any train, railroad car or equipment, or engine to obstruct vehicular traffic at a public highway railroad grade crossing for a period in excess of twenty consecutive minutes, except when such train, rai…
La. Rev. Stat. § 48:392 Obstruction of railroad grade crossings; moving or nonmoving trains
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§392. Obstruction of railroad grade crossings; moving or nonmoving trains A.(1) It shall be unlawful for any moving or non-moving train, railroad car or equipment, or engine to obstruct vehicular traffic at a public highway railroad grade crossing for a period in excess of twenty…
La. Rev. Stat. § 48:393 Repealed by Acts 2012, No
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§393. Repealed by Acts 2012, No. 834, §13, eff. July 1, 2012.
La. Rev. Stat. § 48:394 Private crossing elimination
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§394. Private crossing elimination A.(1) Any railroad company operating in this state which desires to close or remove a private crossing shall, no less than one hundred eighty days prior to the proposed closing or removal, provide a written request by registered or certified mai…
La. Rev. Stat. § 48:421 Personal interest of department officers or employees in contracts; penalties
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§421. Personal interest of department officers or employees in contracts; penalties The secretary, undersecretary, assistant secretaries or any of the employees of the Department of Transportation and Development and corporations or firms in which the secretary, undersecretary, a…
La. Rev. Stat. § 48:422 Personal interest of members of legislature or officers of executive department in contracts; penalties
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§422. Personal interest of members of legislature or officers of executive department in contracts; penalties Except as otherwise provided in this Section, no member of the legislature or officer of the executive department of the state shall be in any way interested in any contr…
La. Rev. Stat. § 48:423 Conspiracy to raise bids on contracts or supplies; penalty
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§423. Conspiracy to raise bids on contracts or supplies; penalty No person shall collude to raise prices either in construction work or in supplying materials for any state highway work. Whoever violates this Section, including any officer acting for a corporation, shall be fined…
La. Rev. Stat. § 48:424 Use of unlicensed trucks on road building projects prohibited
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§424. Use of unlicensed trucks on road building projects prohibited No road contractor shall hire, for use on road building projects in this state, trucks which have not been properly licensed in this state. Whoever violates this Section shall be fined one hundred dollars for eac…
La. Rev. Stat. § 48:425 Purchasing, rules and regulations; intentional violation; penalty
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§425. Purchasing, rules and regulations; intentional violation; penalty A. No person shall intentionally violate the Louisiana Procurement Code or any rule or regulation promulgated by the secretary of the Department of Transportation and Development with respect to purchasing. B…
La. Rev. Stat. § 48:441 Authority to expropriate and acquisition of property prior to judgment
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§441. Authority to expropriate and acquisition of property prior to judgment A. Where the Department of Transportation and Development cannot amicably acquire property needed for highway purposes, the department may acquire the same by expropriation. B. In any suit for the exprop…
La. Rev. Stat. § 48:441.1 Authority to acquire and to expropriate prior to judgment; property needed for proposed Mississippi River bridge
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§441.1. Authority to acquire and to expropriate prior to judgment; property needed for proposed Mississippi River bridge A. The department may, by any means authorized in Chapter 1 of this Title, acquire any property needed for the construction and operation of the proposed new b…
La. Rev. Stat. § 48:441.2 Authority to acquire and to expropriate prior to judgment; property needed for T.I.M.E
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§441.2. Authority to acquire and to expropriate prior to judgment; property needed for T.I.M.E. projects Notwithstanding any other provisions of law to the contrary, a local governing authority, with the approval of the Department of Transportation and Development, may acquire an…
La. Rev. Stat. § 48:442 Contents of petition for expropriation; place of filing
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§442. Contents of petition for expropriation; place of filing The rights of expropriation granted by this Part shall be exercised in the following manner: (1) A petition shall be filed by the plaintiff in the district court of the parish in which the property to be expropriated i…
La. Rev. Stat. § 48:442.1 Contents of petition for expropriation; property needed for design-build projects; place of filing
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§442.1. Contents of petition for expropriation; property needed for design-build projects; place of filing Notwithstanding the provisions of R.S. 48:442, the rights of expropriation granted by this Part shall be exercised for design-build projects authorized according to the prov…
La. Rev. Stat. § 48:443 Appointment of estimators; restrictions in selection
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§443. Appointment of estimators; restrictions in selection A. The real estate administrator shall select one or more persons to make the estimate of just compensation except when the estimate is expected to exceed the amount of thirty thousand dollars in which case he shall selec…
La. Rev. Stat. § 48:443.1 Minable minerals
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§443.1. Minable minerals Before exercising the rights of expropriation provided for in this Part, the state or any of its departments, except the Department of Transportation and Development, offices, boards, commissions, agencies, or instrumentalities, except political subdivisi…
La. Rev. Stat. § 48:444 Prayer of petition; ex parte order of taking
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§444. Prayer of petition; ex parte order of taking The petition shall conclude with a prayer that the property be declared taken for highway purposes. Upon presentation of the petition, the court shall issue an order directing that the amount of the estimate be deposited in the r…
La. Rev. Stat. § 48:445 Vesting of title
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§445. Vesting of title Upon the deposit of the amount of the estimate in the registry of the court, for the use and benefit of the persons entitled thereto, the clerk shall issue a receipt showing the amount deposited, the date it was deposited, the style and number of the cause,…
La. Rev. Stat. § 48:446 Notice to defendant
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§446. Notice to defendant Upon receipt of the deposit, the clerk of court shall issue a notice to each defendant in the suit, notifying him that the property described in the petition has been expropriated for highway purposes. This notice, together with a certified copy of the o…
La. Rev. Stat. § 48:447 Contesting validity of taking; waiver of defenses
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§447. Contesting validity of taking; waiver of defenses A. Any defendant desiring to contest the validity of the taking on the ground that the property was not expropriated for a public purpose or on the ground that the petition and attached exhibits do not satisfy the provisions…
La. Rev. Stat. § 48:448 Right of possession; limitation by court
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§448. Right of possession; limitation by court If there are no buildings located wholly or partially upon the property described in the petition, the department is entitled to enter upon and take possession of the property upon the deposit of the estimated compensation. If any bu…
La. Rev. Stat. § 48:449 Withdrawal of amount deposited
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§449. Withdrawal of amount deposited Upon the application of any party in interest, and upon due notice to all parties, the court may order that the money deposited, or any part thereof, be paid forthwith to the person entitled thereto for or on account of the just and adequate c…
La. Rev. Stat. § 48:450 Defendant's answer; requirements; delay for filing
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§450. Defendant's answer; requirements; delay for filing A. Where an entire lot, block or tract of land is expropriated, any defendant may apply for a trial to determine the measure of compensation to which he is entitled, provided: (1) He files an answer within ninety days from …
La. Rev. Stat. § 48:451 Fixing for trial; notice
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§451. Fixing for trial; notice After answer is filed, if no motion to dismiss the suit pursuant to R.S. 48:447 is pending before the court, either party may, upon ex parte motion, request that the matter be docketed for trial. The court shall fix the time for the trial of the sui…
La. Rev. Stat. § 48:451.1 Right to trial by jury
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§451.1. Right to trial by jury In an expropriation proceeding pursuant to this Part any party has the right to demand a trial by jury to determine just compensation. Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.