2018 Louisiana Laws
Revised Statutes
TITLE 38 - Public Contracts, Works and Improvements
RS 38:3306 - General powers and duties of the board
§3306. General powers and duties of the board
A. The board shall adopt bylaws for its own government and for the government of its employees. It shall adopt rules or regulations for comprehensive drainage, flood control and water resources development, reservoir, and diversion canal systems. Prior to the adoption, amendment, or repeal of any rule or regulation by the board, the proposed rule or regulation shall be submitted to the House Committee on Transportation, Highways, and Public Works and the Senate Committee on Transportation, Highways, and Public Works. Oversight review of rules and regulations shall be conducted by the respective committees provided for herein. The board shall keep a record of its proceedings, which shall be published after each meeting in a journal to be selected by it. The board at each regular session shall examine all accounts or operations of the board and determine what work shall be undertaken. All work shall be advertised to be let out by means of sealed proposals to the lowest responsible bidder, reserving to the board authority to reject all bids. In case of emergency, the board may make contracts for the control of flooding without advertisement and sealed proposals.
B. The board shall be vested with the control of all public drainage, flood control and water resources development, reservoirs, and diversion canals in the district. The board shall have the authority in connection with the proposed construction of any reservoir to have conducted a comprehensive study to determine the economic impact on the parishes of East Feliciana and St. Helena of accompanying commercial and residential development and growth. The board shall have the authority to require the office of engineering to lay out, furnish estimates, and perform all engineering work necessary to the establishment of adequate drainage, flood control, and water resources development.
C. The board shall have the authority to construct and maintain drainage works of all types either in cooperation with one or more parishes, municipalities, drainage districts, or other special districts within its territorial jurisdiction or upon its own undertaking.
D. Notwithstanding any other provisions of this Section to the contrary, all work undertaken pursuant to the authority granted by this Section shall be constructed in accordance with the provisions of R.S. 38:2211 et seq.
E. The board shall have the authority to enter upon any lands, waters, and premises in the district for the purpose of making surveys, soundings, drillings, examinations, and appraisals, as it may deem necessary or convenient for the purposes of this Chapter, and such entry shall not be deemed a trespass nor shall entry for such purpose be deemed a trespass under any expropriation proceeding which may be pending, provided that ten days registered notice in the case of resident owners and twenty-five days registered notice in the case of non-resident owners be given to the owner of record of such lands, waters, or premises as reflected by the parish assessment rolls. Notice shall be mailed by registered mail, return receipt requested, to the last known address of the owner, as shown on the assessment records. The district shall make reimbursement for any actual damage to such lands, waters, or premises as a result of such activities.
F. The board may expropriate property subject to and in accordance with R.S. 48:441-460, where applicable. The owner of residential property or commercial property, including homes, businesses, barns, outbuildings and churches, shall be paid the replacement cost of any such property expropriated by the board.
Added by Acts 1981, No. 896, §1; Acts 1984, No. 907, §2; Acts 1985, No. 606, §1; Acts 2012, No. 753, §5.
