Louisiana Revised Statutes 41:1712 – Leases and permits; grant or denial; title
Terms Used In Louisiana Revised Statutes 41:1712
- 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
- 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.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Person: shall mean any individual, partnership, corporation, organization, or entity not including political subdivisions or state agencies. See Louisiana Revised Statutes 41:1704
A. Where encroachment, activity, or lease thereof would or does obstruct or hinder the navigability of any waters of the state, impose undue or unreasonable restrains on the state or public rights which have vested pursuant to Louisiana Law, or result in injury to or interference with the public interest or usage, to that extent the application shall be denied, or the encroachment limited.
B. In no instance shall a permit or lease be construed to confirm title or rights with respect to the encroachment relative to other claimants of the riparian property or as between riparian owners. Nothing in this Chapter, the regulations adopted thereunder, nor permits or leases issued shall be construed to divest the state of ownership or any right, title, interest, or power in or over any state lands, except as authorized by Section 3 of Article IX of thethe Louisiana Constitution of 1974.
C. The office shall adopt timetables and provide an opportunity for hearing, after reasonable notice, for any person aggrieved by a decision to issue or deny a permit or lease, as provided by law, and may establish criteria and standards of construction and maintenance for all types of encroachments, to best protect the public interest. The office may adopt boundaries or lines upon any state lands, not exceeding bounds established by the United States Army Corps of Engineers beyond which no encroachment shall be placed, all in accordance with law.
D. When permit or lease applications involve projects over which the United States Army Corps of Engineers, the Department of Energy and Natural Resources, or any other federal or state agency asserts jurisdiction, and the governmental agencies have, by public notice or regulations, established timetables for receipt of objections, public hearings, or other proceedings, the office, to least inconvenience the applicant and prevent multiple hearings, shall adopt and conform to the timetables or evidentiary requirements and shall attempt to coordinate any public hearing with the agencies whenever feasible. When the United States Army Corps of Engineers or other interested agencies do not assert jurisdiction over a given project, thirty days from date of published notice by the applicant shall be allowed for receipt of objections in writing by the office.
Added by Acts 1978, No. 645, §2, eff. July 13, 1978; Acts 2001, No. 919, §1; Acts 2023, No. 150, §15, eff. Jan. 10, 2024.