Louisiana Revised Statutes 41:1707 – A. Any person or entity desiring to commence operations upon any encroachment as provided in R.S. 41:1706 shall notify the office in writing of his intent to apply for a permit, and the na
Terms Used In Louisiana Revised Statutes 41:1707
- Deed: The legal instrument used to transfer title in real property from one person to another.
- 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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Landfill: means the direct or induced raising or elevating of any navigable waterbottom by deposit to the extent that newly emerging land results, not covered at mean low water or navigable rivers and streams or mean high water on other state properties. See Louisiana Revised Statutes 41:1704
- Owner: means the actual owner of record. See Louisiana Revised Statutes 41:1704
- Person: shall mean any individual, partnership, corporation, organization, or entity not including political subdivisions or state agencies. See Louisiana Revised Statutes 41:1704
A. Any person or entity desiring to commence operations upon any encroachment as provided in La. Rev. Stat. 41:1706 shall notify the office in writing of his intent to apply for a permit, and the nature thereof. Upon receipt of the applicant’s letter, the office shall forward the appropriate application forms to the applicant with a copy of the regulations governing that class permit. The office shall forward a copy of the letter of intent to the local governing authority of the parish or parishes within which the encroachment is planned.
B. Applications shall be completed in triplicate and each copy shall be accompanied by a certified deed of ownership of the lands contiguous to public lands, or if the applicant is not the owner, then a certified copy of the deed or other instrument under which the true owner holds title plus written permission from the owner to carry out the project. If a certified copy of a deed translative of title does not exist, then the office upon good cause shown, may accept some other reasonable evidence of ownership of the adjacent property to be benefited by the encroachment or other lawful proof of applicant’s authority to use the same. Where an encroachment is not attached to or does not benefit property contiguous to these lands, the applicant shall submit certified proof of the authority under which he is constructing the encroachment.
C. All permit applications shall be accompanied by clear and legible copies of maps, plans, details and other documentation and correspondence submitted to the United States Army Corps of Engineers and other state, local, or federal agencies which have jurisdiction over the proposed work. Whenever possible, permits shall be granted for minor bulkheads, piers, wharves or structures, upon satisfaction of documentation requirements of the United States Army Corps of Engineers to avoid duplication of efforts by the applicant. Where a permit application contemplates any form of landfill or reclamation, or involves a substantial encroachment upon state lands, the applicant shall provide a plat of survey as contemplated for land reclamation permits under La. Rev. Stat. 41:1702, and any applicable engineering or architectural plans. In all cases, an applicant shall submit additional information, prior to issuance of a permit, where the secretary or attorney general requires the same for consideration of the permit application or resolution of legal issues.
Added by Acts 1978, No. 645, §2, eff. July 13, 1978; Acts 2001, No. 919, §1.