Louisiana Revised Statutes 38:3307 – Corporate status and powers of board; domicile; evidence of acts and proceedings; deposit of funds; warrants
Terms Used In Louisiana Revised Statutes 38:3307
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- 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.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Service of process: The service of writs or summonses to the appropriate party.
A. The board of commissioners shall, in addition to the powers herein conferred, be constituted a body politic or a political corporation vested with the powers inherent in political corporations.
B. It may sue and be sued under the style of Board of Commissioners for the Amite River Basin Drainage and Water Conservation District. All process against the corporation shall be served on the president or secretary, and all suits in behalf of the board shall be brought by the president. The board shall, at its first regular meeting, elect a domicile for the purpose of being sued and keeping its office and archives, and service of process shall be made upon the president or upon the secretary of the board in person.
C. The board may buy and sell property, make and execute all contracts, and do and perform all things necessary to carry out the objects of this Chapter, subject to the limitations and duties herein provided. Notwithstanding any provision of law to the contrary, parishes, municipalities, drainage districts, levee districts, and other political subdivisions in the district may transfer or donate funds to the board, and the board may accept such funds. Notwithstanding any provision of law to the contrary, the board may contract with the federal government, the state, or any other public or private entity to receive and expend funds and perform projects or plans for watershed management.
D. The board shall have a corporate seal, and copies of all the regulations and copies of proceedings of the board certified to by its secretary, under its corporate seal, shall be received in all courts as prima facie evidence of the acts and proceedings of the board. All funds of the board shall be deposited in an account to the credit of the district, and all warrants shall be drawn thereon by the president, attested to by the secretary and seal of the board, and shall specify the indebtedness the warrants are intended to liquidate, in part or in whole.
E. The board shall identify and consider to what extent matters regarding an agreement with the state of Mississippi relative to watershed management and how it may be beneficial to management of the basin in Louisiana, and subject to approval of the governor, the board may contract with the state of Mississippi for such purposes including for doing projects.
Added by Acts 1981, No. 896, §1. Acts 1984, No. 907, §1; Acts 2022, No. 490, §1, eff. June 16, 2022.