Louisiana Revised Statutes 3:3622 – Definitions
Terms Used In Louisiana Revised Statutes 3:3622
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Department: means the Department of Agriculture and Forestry. See Louisiana Revised Statutes 3:1
- 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.
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Forest land: means any land in the state devoted to the growing of trees or the commercial production of timber, wood, or forest products that is located outside the corporate limits of any municipality. See Louisiana Revised Statutes 3:3622
- Governmental action: means annexation of territory by a governmental entity or 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 which prohibits or limits the right of an owner to conduct forestry activities on forestry land. See Louisiana Revised Statutes 3:3622
- Governmental entity: means :
(a) A board, authority, commission, department, office, or agency of the state government. See Louisiana Revised Statutes 3:3622
- 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.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Owner: means a person owning an interest in forest land at the time a governmental action becomes effective as to the forest land in which the owner owns an interest. See Louisiana Revised Statutes 3:3622
- Person: means an individual or any legal or commercial entity, including a corporation, business trust, partnership, limited liability company, association, or joint venture. See Louisiana Revised Statutes 3:1
- Prohibits or limits: means an existent reduction of twenty percent or more of the fair market value of forest land, or any portion thereof, or property rights thereto associated with conducting forestry activities on forest land before the action. See Louisiana Revised Statutes 3:3622
- Statute: A law passed by a legislature.
As used in this Part, the following terms shall have the following meanings:
(1) “Forest activities” means any activity on forest land associated with the reforesting, growing, managing, protecting, and harvesting of timber, wood, and forest products.
(2) “Forest land” means any land in the state devoted to the growing of trees or the commercial production of timber, wood, or forest products that is located outside the corporate limits of any municipality. Land which is assessed for a use value under the provisions of La. Rev. Stat. 47:2301 et seq. shall be presumed to be forest land.
(3) “Governmental action” means annexation of territory by a governmental entity or 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 which prohibits or limits the right of an owner to conduct forestry activities on forestry land. Governmental action does not mean the following:
(a) A formal exercise of the power of eminent domain.
(b) A result of police power to prohibit activities that are harmful to the public safety and health.
(c) An order issued as a result of a violation of law.
(d) The adoption, enactment, repeal, or amendment of a statute or resolution by the legislature.
(e) A government action directed or mandated by an order of a court of competent jurisdiction.
(f) Law enforcement activity involving the seizure or forfeiture of private forest land for a violation of law or as evidence in a criminal proceeding.
(g) Action taken to enforce a mortgage or other valid security device.
(h) Actions taken in compliance with federal law or regulation.
(4) “Governmental entity” means:
(a) A board, authority, commission, department, office, or agency of the state government.
(b) A local governmental subdivision with a population of less than four hundred twenty-five thousand.
(c) A special purpose district.
(5) “Owner” means a person owning an interest in forest land at the time a governmental action becomes effective as to the forest land in which the owner owns an interest.
(6) “Prohibits or limits” means an existent reduction of twenty percent or more of the fair market value of forest land, or any portion thereof, or property rights thereto associated with conducting forestry activities on forest land before the action.
Acts 1995, No. 302, §1.