Louisiana Revised Statutes 3:3609 – Impact assessment
Terms Used In Louisiana Revised Statutes 3:3609
- Diminution in value: means an existent reduction of twenty percent or more of the fair market value or the economically viable use of, as determined by a qualified appraisal expert, the affected portion of any parcel of private agricultural property or the property rights thereto for agricultural purposes, as a consequence of any regulation, rule, policy, or guideline promulgated for or by any governmental entity. See Louisiana Revised Statutes 3:3602
- Governmental action: means annexation of territory by a governmental entity and the issuance of a rule, regulation, policy, or guideline promulgated for or by any governmental entity, or an order or other legally binding directive having the force of law or capable of being enforced by government. See Louisiana Revised Statutes 3:3602
- Governmental entity: means :
(a) A board, authority, commission, department, office, or agency of the state government. See Louisiana Revised Statutes 3:3602
A. A governmental entity shall prepare a written assessment of any proposed governmental action prior to taking any proposed action that will likely result in a diminution in value of private agricultural property.
B. The written assessment shall include written analyses and conclusions concerning:
(1) A clear and specific identification of the governmental action and the purpose of the governmental action.
(2) Whether the governmental action would constitute a physical invasion or occupation of private agricultural property.
(3) The length of time that the governmental action would interfere with the use of private agricultural property.
(4) Whether the governmental action would result in a diminution in value as to the affected private agricultural property and, if so, the extent thereof.
(5) The extent to which the governmental action would interfere with the potential for agricultural development of the private property of owners.
(6) Whether the proposed governmental action restricts or prohibits a use which is already prohibited by existing law.
(7) Alternatives to the proposed action that would lessen or eliminate any adverse impact on private agricultural property.
(8) An estimate of the cost to the governmental entity if the entity is required to compensate one or more private agricultural property owners.
(9) The identity of the source of payment within the entity’s budget or otherwise for any compensation that may be ordered.
C. If there is an immediate threat to health and safety that constitutes an emergency, requires immediate governmental action, and prohibits the timely production of the assessment required in this Section, then the assessment shall be made at the earliest possible time after the governmental action is completed.
D. The governmental entity preparing the assessment shall deliver copies to the governor, the commissioner of agriculture and forestry, and any affected landowners.
E. The commissioner of agriculture and forestry shall promulgate guidelines for owners of private agricultural property and governmental entities to assist in determining what governmental actions are likely to result in a diminution of value of private agricultural property.
Acts 1995, No. 302, §1.