Louisiana Revised Statutes 48:727 – Authorization to dispose of streets and rights-of-way; methods and procedures; sale
Terms Used In Louisiana Revised Statutes 48:727
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
A. Notwithstanding any law to the contrary, upon a determination by the governing authority of the town of Abita Springs that any street or right-of-way owned by the city or title to which is in the public is no longer needed for public use, the same may be disposed of as provided for in this Part. However, the city shall not dispose of any streets or rights-of-way pursuant to this Part unless such property has been held by the governing authority for at least ten years.
B.(1) The property shall be disposed of by one of the following methods:
(a) Revocation of the dedication of the property if it consists of a street or right-of-way dedicated to public use.
(b) Sale of the property at public auction.
(c) Sale of the property at private sale.
(d) Exchange of the property for other property of approximately equal value.
(2) The governing authority of Abita Springs shall adopt an ordinance after advertising the ordinance in the official journal of the town at least three weeks in advance, but no more than ninety days in advance, declaring that the property is no longer needed for public purposes and authorizing its disposition by one of the four methods prescribed in this Subsection.
C. Where streets or rights-of-way are involved, if the dedication of the same is revoked, upon the effective date of the revocation all of the soil covered by and embraced in such streets or rights-of-way up to the center line thereof shall revert to the present owner or owners of the land contiguous thereto.
D.(1) If the governing authority decides to dispose of the property by sale at public auction, a minimum price shall be established by the governing authority and it may fix the conditions of the sale, which conditions may include the right to reject any or all bids and permission to pay for the property on either a cash or credit basis.
(2) If the governing authority decides to dispose of the property at private sale, it shall have the property appraised by an expert appraiser or appraisers appointed by the authority and the property shall not be sold for less than the value so established.
(3) If the governing authority decides to dispose of the property by exchange, it may be exchanged for other property of approximately equal value, provided that the governing authority may pay or receive any difference in value in cash.
E. This Part shall be construed as affording an alternative procedure to that set forth in La. Rev. Stat. 33:4712, 4717, 4718, and 4719, and shall supersede the provisions of La. Rev. Stat. 48:701 through 704.
F. The disposition of such property by the governing authority pursuant to this Part shall not have the effect of denying access to such property to any person.
Acts 2001, No. 743, §1.