2018 Louisiana Laws
Revised Statutes
TITLE 48 - Roads, Bridges and Ferries
RS 48:779 - Parcel fees
§779. Parcel fees
A. The district may levy and collect a parcel fee within the boundaries of the district which shall not exceed five hundred dollars per parcel per year. The parcel fee shall be imposed by resolution or ordinance of the board of commissioners of the district only after question of its imposition and its purpose, rate, and duration have been submitted to the qualified electors of the district or subdistrict at an election held for that purpose and conducted in accordance with the Louisiana Election Code and the majority of those voting in each parish comprising the district or subdistrict have voted in favor of the imposition of the parcel fee. The proceeds of such parcel fee shall be expended for road and bridge projects, which shall include a new Mississippi River bridge located within the boundaries of the district, as set forth in the proposition approved by the electors including the payment of any bonds of the district incurred for such purpose. Any parcel fee imposed pursuant to this Section shall be levied and collected and be due and owing annually. The fee may be carried on the tax rolls and collected at the same time as parish or municipal ad valorem taxes.
B.(1) If any parcel fee is not paid when due, the district shall proceed against the parcel for the collection of the amount of the fee unpaid and delinquent, any collection costs incurred by the district, plus interest at a rate not exceeding twelve percent on the unpaid amount of the parcel fee, and, in the event legal proceedings are necessary to effect collection, court costs and reasonable attorney fees. However, attorney fees shall be payable by the parcel owner only if demand by the district has been made on the parcel owner by registered or certified mail, and such parcel owner has failed to pay the amount due within ten days after such demand.
(2) A judgment obtained for nonpayment of a parcel fee, upon being recorded in the mortgage records of the parish, shall prime all other liens except those for taxes and prior recorded local or special assessments. If there are one or more property mortgages on such parcel, the district, prior to proceeding against such parcel for failure to pay a parcel fee, shall give notice to each mortgagee of the amount of the parcel fee due and owing on such parcel and that such parcel fee must be paid within twenty days after the mailing of the notice or proceedings will be commenced against the parcel. The notice shall be sent to each such mortgage holder by certified mail, return receipt requested, or be made by personal or domiciliary service on such mortgage holder. The district shall not commence such proceedings until at least twenty days after the certified mail return receipt for the notice is signed by the mortgagee.
(3) Alternatively, the lien authorized by this Section may be enforced by assessing the amount of the lien against the parcel as a tax against the property. The lien may be collected in the manner fixed for collection of taxes and shall be subject to the same civil penalties for delinquencies. After the district has incurred such costs and expenses as together with any amount of the parcel fee which remains unpaid and delinquent constitute the lien on the property, including any costs of court, attorney fees and interest, the governing authority may send an attested bill of such unpaid amount, costs, and expenses to the tax collector for the parish who shall add the amount of such bill to the next tax bill of the property owner. The lien shall prime all other liens or privileges against the property, except other tax liens, filed after the statement specified in this Section is filed with the recorder of mortgages, regardless of the date on which the lien is perfected.
Acts 2018, No. 488, §1, eff. May 25, 2018.
