2018 Louisiana Laws
Revised Statutes
TITLE 41 - Public Lands
RS 41:1338 - Transfers of property acquired by the state or political subdivision; exemptions
§1338. Transfers of property acquired by the state or political subdivision; exemptions
A.(1) Notwithstanding any other provision of law to the contrary and except as otherwise provided in this Section, whenever any property, other than highway rights-of-way, is acquired by a state agency or the state, or any political subdivision thereof from any person of the United States or the state of Louisiana, then the state, state agency, political subdivision, or any other state or local agency subsequently acquiring said property which thereafter desires to transfer said property to a third person, first shall offer to sell whatever rights it acquired, at the fair market value, back to the original grantor, donor, or vendor, or his successors in title, unless the act of sale, donation, or other contractual agreement by which the property was acquired otherwise stipulates.
(2) The provisions of this Subsection shall not apply to the following:
(a) The sale or any transfer of any property acquired by a reservoir district created by the state.
(b) Property acquired or transferred by the governing authority of the city of Shreveport or the governing authority of Caddo Parish.
(c) The sale of property adjudicated to the state for nonpayment of taxes in tax years 1880 through 1973.
B. Notwithstanding any law to the contrary, and specifically notwithstanding the provisions of the second unnumbered paragraph of R.S. 31:149, and Subsection A of this Section, any land, property, or rights acquired by any port commission of the state, any industrial development corporation, industrial development board, or any other political entity of the state created for the purpose of promoting the creation, development, or expansion of commerce and industry within the state of Louisiana, when acquired by such port commission, industrial development corporation, industrial development board, or other political entity of the state by means other than a judgment or order of expropriation and acquired for the creation, development, or expansion of commerce and industry within the state of Louisiana may be sold to a third party for the creation, development, or expansion of commerce and industry within the state of Louisiana without prior offer to sell to the original grantor, donor, or vendor or his successors in title. This Subsection B of this Section is remedial and shall apply to any rights created by Act No. 371 of the 1980 Regular Session.*
C.(1) Notwithstanding any other provisions of law to the contrary, for any parish school board, any land, property, or rights acquired by any school board of the state by other than a judgment or order of expropriation when acquired for the purposes of promoting education, training, or teaching, may be sold to a third party without prior offer to sell to the original grantor, donor, vendor, or his successors in title. The sale to a third party shall be for a price of not less than fair market value.
(2)(a) When the land, property, or rights acquired by any school board have been acquired by judgment or order of expropriation, the offer to sell the property at fair market value to the original grantor, donor, vendor, or his successors in title shall be made in writing and by certified mail to the address provided by any such grantor, donor, vendor, or his successors in title who has delivered to the school board proof of such status and a written request that such offer to sell be first made to him. This offer shall include a copy of an appraisal of fair market value signed by a qualified appraiser.
(b) The offer to sell to the original grantor, donor, vendor, or his successors in title shall also be made by publication of notice of intent to sell the property once a week for three consecutive weeks in the official journal of the school board with the first publication to appear not less than thirty days prior to any sale of the property.
(c) Only those grantors, donors, vendors, or their successors in title who make written request as provided herein or who request to purchase the property in accordance with the terms of the published notice shall be eligible to purchase the property at fair market value.
(d) Should the school board propose to sell as a unit contiguous properties acquired by the school board in more than one act of transfer, any of the original grantors, donors, vendors, or their successors in title of any portion of the contiguous properties must purchase the entire property to be sold by the school board if they desire to purchase any portion of the property to be sold.
D. Notwithstanding any law to the contrary, and specifically notwithstanding the provisions of R.S. 31:149(E) and Subsection A of this Section, any land, property, or rights acquired by the former Department of Public Works in connection with the construction or maintenance of the Sabine River Diversion Canal System and related facilities in Calcasieu Parish located in Section 24, Township 9 South, Range 10 West or Sections 19, 20, 21, 28, or 29, Township 9 South, Range 9 West, Southwestern District of Louisiana, all in Calcasieu Parish, which property was transferred to the Department of Transportation and Development and thereafter transferred to the Sabine River Authority, may be sold or otherwise transferred to a third party for the creation, development, or expansion of commerce and industry within the state of Louisiana without prior offer to sell to the original grantor, donor, or vendor or his successors in title. The provisions of this Subsection shall apply retroactively and shall apply to any rights created by Title 31 of the Louisiana Revised Statutes of 1950, the Louisiana Mineral Code.
Added by Acts 1980, No. 371, §2. Amended by Acts 1982, No. 816, §1; Acts 1983, No. 577, §1; Acts 1984, No. 499, §1, eff. July 6, 1984; Acts 1984, No. 338, §1; Acts 2001, No. 523, §1; Acts 2002, 1st Ex. Sess., No. 64, §§1, 2, eff. April 18, 2002; Acts 2010, No. 282, §1; Acts 2013, No. 91, §2, eff. June 4, 2013.
*Acts 1980, No. 371, §1, Regular Session, amended and reenacted R.S. 31:149, and §2 enacted R.S. 41:1338.
