Louisiana Revised Statutes 41:1708 – Leases to maintain encroachments; exceptions
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Terms Used In Louisiana Revised Statutes 41:1708
- Encroachment: means any construction, or improvement, obstacle, fill, or material which is placed upon or maintained upon state lands. See Louisiana Revised Statutes 41:1704
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Noncommercial: means built or maintained by either private citizens or nonprofit corporations for the purpose of recreation and enjoyment and not for revenue production, except for nonprofit corporations, or realizing profit. See Louisiana Revised Statutes 41:1704
- Pier: means any structure extending channelward from the shore or bank, built upon pilings with water on both sides, with or without a sunshade or boathouse, built or maintained for the purpose of providing a berthing or mooring place for watercraft or for loading or unloading cargo or passengers onto or from watercraft or for fishing. See Louisiana Revised Statutes 41:1704
- Wharf: means any structure built upon pilings extending along the shore and generally connected with the bank or shore along its length, with or without a sunshade or boathouse, built or maintained for the purpose of providing a berthing or mooring place for watercraft or for loading or unloading cargo or passengers onto or from watercraft or for fishing. See Louisiana Revised Statutes 41:1704
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 of noncommercial piers and wharves, Class A and Class B encroachments shall not be subject to lease requirements. Any exempt wharf or pier described hereinabove shall be subject to lease if it is determined to unduly interfere with public navigation and fishery or is part of another encroachment or system of encroachments.
Added by Acts 1978, No. 645, §2, eff. July 13, 1978; Acts 2001, No. 919, §1.