Louisiana Revised Statutes 3:3608 – Minimization of impact of governmental action
Terms Used In Louisiana Revised Statutes 3:3608
- Agricultural production: means the commercial production of any agricultural products and includes the planting of cover crops, the leaving of land idle for the purpose of participating in government programs, normal crop or livestock rotation procedures, and the use of agricultural support services. See Louisiana Revised Statutes 3:3602
- 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
To minimize the impact of governmental action affecting private agricultural property and private agricultural property rights, a governmental entity shall:
(1) Avoid imposing an undue burden on the resources of that governmental entity by actions that require compensation of private agricultural property owners under the United States Constitution or the Constitution of Louisiana.
(2) Avoid diminution in value of private agricultural property which is used in agricultural production or which may potentially be used in agricultural production.
(3) Expedite a decision by the entity in cases in which a delay of the decision will substantially interfere with the use or value of private agricultural property rights affected by the provisions of this Part.
(4) Avoid unnecessary delays in compensating owners of private agricultural property when diminution in value occurs by governmental action.
Acts 1995, No. 302, §1.