2022 Louisiana Laws
Revised Statutes
Title 38 - Public Contracts, Works and Improvements
§38:1764. Corporate status and powers of districts

Universal Citation: LA Rev Stat § 38:1764 (2022)

RS 38:1764 - Corporate status and powers of districts

A. Any gravity drainage district or gravity sub-drainage district thus created and numbered by the police jury of any parish of the state, or by the joint action of the police juries of any two or more adjoining parishes shall constitute a body corporate in law, with all the powers of a corporation. It shall have perpetual existence, may incur debts and contract obligations; sue and be sued; have a corporate seal, and do and perform any and all acts in its corporate capacity and in its corporate name necessary and proper for the carrying out of the purpose and objects for which the drainage or sub-drainage district was created.

B. The drainage or sub-drainage district may expropriate property for the purpose of acquiring land for the necessary public purposes of the district, and shall own the rights-of-way, canals, ditches, and all sites which are acquired either by donation, purchase, prescription, or expropriation, in full ownership.

C. The drainage or sub-drainage district shall have the power and authority to plan, construct, maintain and operate such works of improvement as land treatment for watershed protection, flood prevention works, irrigation improvements, recreation, municipal and industrial water storage, and fish and wildlife developments. The drainage or sub-drainage district shall have the power and authority to cooperate with and enter into cooperative agreements and arrangements with agencies of the United States of America on a matching fund or any other basis for planning and constructing such works of improvement or other works, facilities or programs authorized and contemplated by the National Watershed Protection and Flood Prevention Act, 16 U.S.C. 1001 et seq.

D. The drainage or sub-drainage district shall have the power and authority to purchase servitudes and rights of ways for their own uses or the use of any state or federal agency with which they may cooperate in connection with some work of improvement. They shall have the power and authority to accept gifts or grants of money, property, or services. The authority herein granted may be exercised and the works of improvement herein authorized may be constructed within or without the limits of the districts so long as they inure to the direct benefit of the district and the inhabitants thereof and the commissioners of a drainage or sub-drainage district for the purpose of securing a proper outlet for the waters of the drainage or sub-drainage district they represent, may extend canals or ditches or both canals and ditches beyond the limits of their respective districts, with the same power and authority of expropriating the right of way in the same manner and to the same extent as if the canals and ditches were wholly within the district they represent.

E. For operation and maintenance of pumping stations, any drainage or sub-drainage district that requires leveeing and pumping to carry out the drainage work authorized by this Section, shall have the power and authority to enter into contracts for the maintenance and repair of pumps without necessity of advertising for bids.

Amended by Acts 1964, No. 187; Acts 2019, No. 269, §1.

116 U.S.C.A. §1001 et seq.

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