Title 38, Public Contracts, Works and Improvements
0 chapters · 1,355 sections in this title.
La. Rev. Stat. § 38:1 Department of public works; domicile; service of process; powers
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§1. Department of public works; domicile; service of process; powers The department of public works is hereby created and is hereby declared to be and continued as a body politic and corporate. The domicile of the department of public works is the city of Baton Rouge, and service…
La. Rev. Stat. § 38:10 Management and exercise of functions of department
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§10. Management and exercise of functions of department Subject to the executive direction and control which is vested in the governor as chief magistrate of the state by the constitution and this Chapter, the director shall have the management of the department and, subject to t…
La. Rev. Stat. § 38:100 Object and purpose
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§100. Object and purpose It is the object and purpose of this Chapter to provide for participation by the state of Louisiana in the Westwego to Harvey Canal hurricane protection project, for modifications of the Westwego to Harvey Canal hurricane protection project to include the…
La. Rev. Stat. § 38:101 West Bank hurricane protection projects
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§101. West Bank hurricane protection projects A. For the purpose established in this Chapter, the Coastal Protection and Restoration Authority Board shall be designated the nonfederal sponsor for the construction of the Westwego to Harvey Canal hurricane protection project, for m…
La. Rev. Stat. § 38:102 Powers
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§102. Powers A. The Coastal Protection and Restoration Authority Board and the Coastal Protection and Restoration Authority may do all things necessary to carry out the purposes of this Chapter, including but not limited to the things expressly provided for in this Section. B. Th…
La. Rev. Stat. § 38:103 Coordination and cooperation
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§103. Coordination and cooperation A. It is the policy of this Chapter that the West Bank hurricane protection projects be pursued so that there is full coordination and cooperation between all federal and state entities that have complementing or overlapping interests and author…
La. Rev. Stat. § 38:104 Construction of Chapter; controlling law
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§104. Construction of Chapter; controlling law To the extent that the provisions of this Chapter are inconsistent with any other provisions of any general statute or special Act or Parts thereof, the provisions of this Chapter shall be deemed controlling. Acts 1993, No. 1012, §1,…
La. Rev. Stat. § 38:106 Object and purpose
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§106. Object and purpose A.(1) It is the object and purpose of this Chapter to provide for participation by the state of Louisiana in the Lower Atchafalaya River interim flood protection project. (2) It is further the object of this Chapter to designate the Coastal Protection and…
La. Rev. Stat. § 38:107 Lower Atchafalaya River interim flood protection projects
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§107. Lower Atchafalaya River interim flood protection projects A. For the purpose established in this Chapter and for the purposes of designating the Coastal Protection and Restoration Authority Board as the nonfederal sponsor for the construction of the Lower Atchafalaya River …
La. Rev. Stat. § 38:108 Powers
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§108. Powers A. The Coastal Protection and Restoration Authority Board or the Coastal Protection and Restoration Authority may do all things necessary to carry out the purposes of this Chapter, including but not limited to the things expressly provided for in this Section. B.(1) …
La. Rev. Stat. § 38:109 Coordination and cooperation
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§109. Coordination and cooperation A. It is the policy of this Chapter that the Lower Atchafalaya interim flood protection projects be pursued so that there is full coordination and cooperation between all federal and state entities that have complementing or overlapping interest…
La. Rev. Stat. § 38:11 Powers of director
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§11. Powers of director The director, subject to the limitations of appropriations and any law relating to the civil service of the state or any department or other agency thereof that may be in effect, may establish and make appointments to positions within the department, aboli…
La. Rev. Stat. § 38:110 Construction of Chapter; controlling law
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§110. Construction of Chapter; controlling law To the extent that the provisions of this Chapter are inconsistent with any other provisions of any general statute or special act or parts thereof, the provisions of this Chapter shall be deemed controlling. Acts 1997, No. 698, §1, …
La. Rev. Stat. § 38:111 Contracts by drainage districts, levee boards, and political subdivisions with
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§111. Contracts by drainage districts, levee boards, and political subdivisions with Department of Transportation and Development or the Coastal Protection and Restoration Authority Any drainage or subdrainage district, gravity drainage, or gravity subdrainage district, levee boa…
La. Rev. Stat. § 38:112 Cooperation with federal government and state of Mississippi in building levees
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§112. Cooperation with federal government and state of Mississippi in building levees By and with the concurrence and approval of the local levee authorities in interest in Louisiana, and of the Department of Transportation and Development, or for levees in the upland area as def…
La. Rev. Stat. § 38:113 Control of drainage channels and outfall canals in levee and drainage districts
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§113. Control of drainage channels and outfall canals in levee and drainage districts A. The various levee and drainage districts, and local governing bodies shall have a legal servitude by which control is given to the local governing body or district over all public drainage ch…
La. Rev. Stat. § 38:114 Construction of levee across bayou or slough
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§114. Construction of levee across bayou or slough Whenever it is necessary to build any public levee and the line of the levee crosses any bayou or slough, the levee shall be so constructed as to have a banquet or berme, against the rear base of the levee, at the crossing of the…
La. Rev. Stat. § 38:115 Removal of works in front of levees
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§115. Removal of works in front of levees If any person shall erect any work in front of the levee, on the banks of the Mississippi, out of the limits of New Orleans, either by making a new levee, building houses, sheds, dikes, or keys, so as to impede its navigation, or to encro…
La. Rev. Stat. § 38:12 Establishment of divisions; appointment of heads
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§12. Establishment of divisions; appointment of heads The work of the department, other than that performed by the director or assigned to the board, shall be distributed among the divisions provided by or established in accordance with this Chapter. The heads of divisions shall …
La. Rev. Stat. § 38:13 Director to prescribe definite plan or organization for department
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§13. Director to prescribe definite plan or organization for department The director shall cause to be designated, and shall prescribe, a definite plan or organization and procedure of the department with a view to the most effective conduct of the work of the department. The pla…
La. Rev. Stat. § 38:14 Governor and director to prescribe general administrative rules
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§14. Governor and director to prescribe general administrative rules The governor may prescribe all general administrative rules for the conduct of the affairs of the administrative departments, not inconsistent with law which he may deem necessary or expedient. The head of the d…
La. Rev. Stat. § 38:141 Expropriation of land or improvements for drainage canals or projects
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§141. Expropriation of land or improvements for drainage canals or projects A. Local governing bodies, Orleans Parish excepted, may expropriate land and the improvements thereon, outside of regularly organized and acting levee districts, necessary for the construction of drainage…
La. Rev. Stat. § 38:142 Drainage of levee and parallel or contiguous road
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§142. Drainage of levee and parallel or contiguous road Local governing bodies shall thoroughly drain all public roads which are parallel or contiguous to any public levee, shall cut across public roads all ditches and drains necessary to effect the complete and perfect drainage …
La. Rev. Stat. § 38:143 Construction and maintenance of back and side levees
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§143. Construction and maintenance of back and side levees The parishes subject to tidal overflow may provide by ordinance for the construction, erection, and maintenance of back and side levees to protect any portion of their parishes from tidal overflow and may appoint or cause…
La. Rev. Stat. § 38:144 Building of temporary levees
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§144. Building of temporary levees The several parishes subject to overflow may have temporary levees made.
La. Rev. Stat. § 38:1481 Designation of place other than domicile for holding meetings
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§1481. Designation of place other than domicile for holding meetings Hereafter, whenever the board of commissioners for any drainage district has organized by meeting at its domicile as designated by the police jury creating the drainage district, the board of commissioners for t…
La. Rev. Stat. § 38:1482 Improvement of canals for navigation purposes
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§1482. Improvement of canals for navigation purposes Where any canals within a drainage district are suitable for the purpose of navigation, or by any additional works and expenditures may be made suitable to the purposes of navigation, the commissioners of the drainage district …
La. Rev. Stat. § 38:1491 Drainage channels or outfall canals; Tangipahoa Parish
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§1491. Drainage channels or outfall canals; Tangipahoa Parish A. All drainage channels or outfall canals in the parish of Tangipahoa created pursuant to law shall be public drainage channels or outfall canals. B. On July 1, 2003, all drainage channels or outfall canals in the par…
La. Rev. Stat. § 38:15 General information, documents; prohibition
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§15. General information, documents; prohibition The assistant secretary shall not authorize reports and recommendations which include the issue, publication, or distribution of general information documents or pamphlets, which are published on a regular basis and are generally k…
La. Rev. Stat. § 38:1501 Repealed by Acts 2020, No
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§1501. Repealed by Acts 2020, No. 25, §1.
La. Rev. Stat. § 38:1502 Copying and indexing records; recording and indexing proceedings
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§1502. Copying and indexing records; recording and indexing proceedings Each clerk of court without the right to make any charge for the service shall copy and properly index into the book of drainage records any and all proceedings heretofore recorded in the mortgage records of …
La. Rev. Stat. § 38:1503 Recording in drainage records
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§1503. Recording in drainage records Whenever any law of this state now requires any proceeding of any drainage district or sub-drainage district to be recorded in the mortgage records of the parish or parishes in which the drainage or sub-drainage district is located, the procee…
La. Rev. Stat. § 38:1504 Mortgage certificates
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§1504. Mortgage certificates In furnishing a mortgage certificate in the name of any owner of any land located in any drainage or sub-drainage district within any parish, the clerk of court and ex-officio recorder of mortgages of the parish shall not set forth on the mortgage cer…
La. Rev. Stat. § 38:1521 Boards authorized to borrow money and pledge revenues
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§1521. Boards authorized to borrow money and pledge revenues The board of commissioners of drainage districts may anticipate the current revenues of each year, in advance of their availability, by borrowing the sums which in their judgment may be required for the needs of the dis…
La. Rev. Stat. § 38:1522 Form of pledge; filing; rights of pledgees
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§1522. Form of pledge; filing; rights of pledgees The pledge shall be either by notarial act or by act under private signature, duly acknowledged, and a copy thereof shall be filed with the fiscal agent of the drainage district, and another copy shall be filed with the State Audi…
La. Rev. Stat. § 38:1541 Funding or refunding bonds
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§1541. Funding or refunding bonds Any drainage district created or organized prior to the year 1921, or any sub-district of a drainage district, may, issue funding or refunding bonds, for the purpose of adjusting, readjusting, funding, refunding, extending, or unifying any or all…
La. Rev. Stat. § 38:1542 Denominations; form and terms; funds from which payable
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§1542. Denominations; form and terms; funds from which payable The board of commissioners of any drainage district or of any sub-district, when petitioned to issue funding or refunding bonds by the owners of a majority of the acreage of the lands in the district or sub-district, …
La. Rev. Stat. § 38:1543 Acreage tax or forced contribution
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§1543. Acreage tax or forced contribution The board of commissioners of the drainage district or sub-drainage district, so long as any of the bonds are outstanding shall, in addition to all other taxes, annually levy, assess, and order the collection of, until the funding or refu…
La. Rev. Stat. § 38:1544 Funding or refunding bonds
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§1544. Funding or refunding bonds Any drainage district or sub-drainage district organized prior to the adoption of the Constitution of 1921, and not reorganized under the provisions of the Constitution of 1921, and the laws carrying same into effect, which have heretofore, upon …
La. Rev. Stat. § 38:1545 Resolution by board of commissioners; form and terms of bonds; sale or exchange
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§1545. Resolution by board of commissioners; form and terms of bonds; sale or exchange Funding or refunding bonds shall be issued by the board of drainage commissioners of the drainage district or sub-drainage district, by resolution to that effect, adopted upon the petition of n…
La. Rev. Stat. § 38:1546 Forced contribution or acreage tax
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§1546. Forced contribution or acreage tax The board of drainage commissioners of any drainage district or sub-drainage district issuing funding or refunding bonds as above provided shall, as long as any bonds remain outstanding, levy annually upon the lands in the drainage distri…
La. Rev. Stat. § 38:1547 Adjustment, compromise and settlement of claims
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§1547. Adjustment, compromise and settlement of claims In issuing, funding or refunding bonds under the provisions of this Part, the board of drainage commissioners of any drainage district or sub-drainage district may enter into any agreement or agreements with holders of outsta…
La. Rev. Stat. § 38:1548 Contest of validity of proceedings
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§1548. Contest of validity of proceedings Whenever funding or refunding bonds have been ordered to be issued, and forced contributions and acreage taxes have been levied, or authorized to be levied, any land owner having property situated within the limits of any drainage distric…
La. Rev. Stat. § 38:1571 Transfer of property from drainage district to municipality; resolution of board of commissioners
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§1571. Transfer of property from drainage district to municipality; resolution of board of commissioners Drainage districts organized under the laws of this state, the territorial limits of which drainage district lie wholly within the boundaries of any municipality, and all the …
La. Rev. Stat. § 38:1572 Acceptance of transfer by municipality
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§1572. Acceptance of transfer by municipality Any municipality may by ordinance, passed by its governing authority, accept the transfer, from any drainage district whose territorial limits lie wholly within the boundaries of the municipality and all of whose bonded and other inde…
La. Rev. Stat. § 38:1573 Effect of transfer
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§1573. Effect of transfer The effect of any transfer, when completed and accepted from a drainage district to a municipality, of the canals, works and other property of the drainage district, shall be to vest in the municipality, full and complete control, for any and all public …
La. Rev. Stat. § 38:1574 Petition and resolution; liquidation of affairs
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§1574. Petition and resolution; liquidation of affairs Any drainage district or subdrainage district organized under Act No. 317 of the General Assembly of the State of Louisiana for the year 1910, and acts amendatory thereof, the lands in which have been drained or reclaimed by …
La. Rev. Stat. § 38:1575 No dissolution without consent of bondholders or retirement of bonds
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§1575. No dissolution without consent of bondholders or retirement of bonds If the drainage district or subdrainage district has bonds issued and outstanding, the resolution dissolving the drainage district or subdrainage district shall not become effective until the holders of a…
La. Rev. Stat. § 38:1576 Title to pumping plants, canals, ditches, rights-of-way and other property
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§1576. Title to pumping plants, canals, ditches, rights-of-way and other property Upon the dissolution, of the drainage district or subdrainage district, all pumping plants, canals, ditches, rights-of-way, and other property theretofore acquired by it, by donation, purchase, expr…
La. Rev. Stat. § 38:1577 Conveyance of pumping plants, etc., to bondholders upon surrender of bonds
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§1577. Conveyance of pumping plants, etc., to bondholders upon surrender of bonds The governing authority of the drainage district or subdrainage district which has adopted a resolution of dissolution, may enter into a contract with the holders of the outstanding bonds of the dra…