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2022 Louisiana Laws
Revised Statutes
Title 41 - Public Lands
TITLE 41
PUBLIC LANDS
CHAPTER 1. STATE LANDS
- §41:1. Functions relative to state lands
- §41:2. Accounts and lists to be kept by the commissioner
- §41:3. Proceeds of sale of warrants or public land
- §41:4. Description of land or warrants in receipt
- §41:5. Receipt to purchaser
- §41:6. Issuance of patents
- §41:7. Annual list of lands entered or sold to be sent to parish assessors
- §41:8. Fees of the commissioner
- §41:9. Disposition of fees collected
- §41:10. Right of appeal from decisions of the commissioner
- §41:11. Transcript or copy of proceedings
- §41:12. Filing of final judgment
- §41:13. Listing of lands owned, leased, or rented by state or instrumentalities of state; subsequent acquisitions or alienations
- §41:14. Conveyances of waterbottoms, ownership
- §41:15. Hunting on state land; restrictions
- §41:16. Preservation of public lands for hunting, fishing, and recreational opportunities
CHAPTER 2. SURVEYS AND RECORDS OF PUBLIC LANDS
- §41:51. Surveys and plats
- §41:52. Records transferred to this state by the former office of the United States Surveyor General of the District of Louisiana
- §41:53. Federal authorities to have access to records
- §41:54. Place for deposit; custodian
CHAPTER 3. VACANT AND UNAPPROPRIATED LANDS
- §41:91. Grant of vacant and unappropriated lands; lease of nonnavigable water bottoms
- §41:92. Contracts; reservation of mineral rights
- §41:93. Patents
- §41:94. Lands acquired at tax sale
- §41:95. Inventory and reports
- §41:96. Withdrawal from sale or entry of certain lands
- §41:97. Lands necessary for navigation purposes
- §41:98. Withdrawal from sale or entry of mineral lands
CHAPTER 4. ENTRY AND SALE OF PUBLIC LANDS
PART I. IN GENERAL
- §41:131. Application to enter or purchase
- §41:132. Information to be secured as to value of land
- §41:133. Advertisement
- §41:134. Sale; minimum prices
- §41:135. Disposition of proceeds of sale
- §41:136. Expenses
- §41:137. Sale, exchange, or lease of state lands; research and development park
- §41:138. Restrictions in sale of state lands to levee or drainage districts
- §41:139. Notice to local governing authorities of intention to dispose of real property
- §41:140. Sales of immovable property by state agencies
PART II. RECEIPT OF DONATION OF IMMOVABLE PROPERTY
PART II. PRE-EMPTION AND PRE-ENTRY RIGHTS
PART III. SWAMP, OVERFLOW AND SEA MARSH LANDS
PART IV. INTERNAL IMPROVEMENT AND SWAMP INDEMNITY
LANDS AND SCRIP
PART V. LAKE BOTTOMS AND ISLANDS
SUBPART A. LAKE BOTTOMS
SUBPART B. ISLANDS AND BEDS OF BODIES OF WATER
PART VI. REFUNDS
- §41:381. Refund of purchase price in event of invalid sale
- §41:382. Re-transfer of land to state and return of warrant
PART VII. ILLEGAL AND FRAUDULENT ENTRIES
- §41:421. Recovery by state for illegal or excessive entry of swamp lands
- §41:422. Certified abstracts
- §41:423. Proceedings
- §41:424. Suits in name of state
- §41:425. Compensation of officers and of district attorney
- §41:426. Records and maps to show lands recovered
PART VIII. CONTEST OF ENTRIES
- §41:461. Contest of entries
- §41:462. Hearing by register
- §41:463. Contestant's rights where entries are declared invalid
- §41:464. Contestant's rights to lands not then subject to entry
CHAPTER 5. HOMESTEADS
PART I. UNAPPROPRIATED PUBLIC LANDS
- §41:501. Persons entitled to make entry; quantity of land
- §41:502. Affidavit
- §41:503. Sale or incumbrance prior to issuance of patent
- §41:504. Conditions for issuance of patent
- §41:505. Final proof
- §41:506. Fees for oaths, affidavits and proofs
- §41:507. Disposition of fees
- §41:508. Liability for debts
- §41:509. Reversion to state; preference rights of person filing charges
- §41:510. Homestead by discharged veterans; deduction of service time
- §41:511. Death of homesteader while in service
- §41:512. Scope and application of provisions
PART II. TAX ADJUDICATED LANDS
SUBPART A. IN GENERAL
- §41:541. Homestead entry on tax adjudicated land
- §41:542. Procedure
- §41:543. Sale or incumbrance prior to issuance of patent
- §41:544. Conditions for issuance of patent
- §41:545. Final proof
- §41:546. Fees for oaths, affidavits and proofs
- §41:547. Disposition of fees
- §41:548. Liability for debts
- §41:549. Reversion to state preference rights of person filing charges
- §41:550. Register to hear proof
- §41:551. Final certificate and patent
- §41:552. Actions to set aside or annul homestead entry, prescription
SUBPART B. PERSONS IN ARMED FORCES
- §41:591. Rights of veterans of World War II and of the Korean conflict
- §41:592. Widow and children of homesteader who dies in service
- §41:593. Residence required of homesteader in armed forces
- §41:594. Term of service as equivalent to residence
CHAPTER 6. SCHOOL LANDS
PART I. IN GENERAL
- §41:631. Sale of land to school board for public school educational purposes
- §41:632. Boundaries of land sold
- §41:633. Reservation of school lands in townships without school sections
- §41:634. Issuance of scrip in certain cases
- §41:635. Cancellation of school land warrants and refund of money when land unavailable
- §41:636. Price of seminary lands
- §41:637. Use of property for educational purposes; stipulation, abandonment and use as dedication
- §41:638. Dedication of property for public school purposes; administration
- §41:639. Sale or disposition of property with no right of reverter
- §41:640. Sixteenth section lands; adjustments; distribution of proceeds; lease and use
- §41:641. Free school fund; seminary fund; agricultural and mechanical college fund; state indebtedness; interest
- §41:642. Sixteenth section lands; erosion; title and revenues
- §41:643. Vermilion Parish; Sixteenth section land; distribution of mineral proceeds, and ownership of minerals and mineral revenues
PART II. IMPROVEMENTS BEFORE SURVEY
- §41:671. Determining value of improvements and of the use of the land
- §41:672. Settler to be paid value of improvements less value of the use of the land
- §41:673. Lease to pay for improvements where sale refused
PART III. SALE OF SCHOOL LANDS
SUBPART A. IN GENERAL
- §41:711. Election for sale of school lands
- §41:712. Election and sale of a sixteenth section divided by parish line
- §41:713. Resurvey of obliterated or uncertain lines
- §41:714. Manner, terms and conditions of sale
- §41:715. Compensation of parish treasurer
- §41:716. Lease of lands
- §41:717. Sale of timber; time allowable for removal
- §41:718. Proceeds of lease of land or sale of timber
- §41:719. Disposition of proceeds of sale of land; interest
- §41:720. Annulment of sale by purchaser
- §41:721. Collection of notes given for purchase price
- §41:722. Treasurer's duties on receipt of notes due
- §41:723. Attorney's duties
- §41:724. Disposition of moneys collected
- §41:725. Terrebonne Parish School Board; transfer of certain sixteenth section lands
- §41:726. Bienville Parish School Board; transfer of certain sixteenth section lands
- §41:727. Vermilion Parish School Board; transfer of certain sixteenth section lands
- §41:727.1. Vermilion Parish School Board; transfer of certain sixteenth section lands
- §41:728. St. Tammany Parish School Board; unused school lands; sell, exchange, disposition; proceeds
SUBPART B. SWAMP OR SEA MARSH LANDS
SUBPART C. SCHOOL INDEMNITY LANDS
- §41:801. Sale of lands received as indemnity for school lands
- §41:802. Advertisement
- §41:803. Sale at public auction; withdrawal
- §41:804. Patent not to issue until purchase price is paid
- §41:805. Disposition of purchase price
- §41:806. Fees
SUBPART D. PROCEEDS OF SALE
- §41:841. Free school fund
- §41:842. Investment in levee bonds
- §41:843. Registration of bonds
- §41:844. Interest due townships
SUBPART E. CORRECTION DEEDS
- §41:881. School board presidents may issue correction deeds
- §41:882. Resolution of the school board
- §41:883. Resolution when land is in more than one parish
- §41:884. Action to enforce issuance of correction deed
SUBPART F. OTHER UNUSED SCHOOL LANDS
- §41:891. Sale of unused school lands
- §41:892. Procedure; deed of sale
- §41:893. Jefferson Parish School Board; exchange of unused school land
- §41:894. Grant Parish School Board; exchange of unused school land
- §41:895. Vermilion Parish School Board; exchange of unused school land
- §41:896. DeSoto Parish School Board; exchange of unused school lands with the town of Logansport
- §41:897. Bossier Parish School Board; exchange of unused school land
- §41:898. Morehouse Parish School Board; exchange of unused school land
- §41:899. Red River Parish School Board; exchange of unused school land
- §41:900. Rapides Parish School Board; exchange of unused school land
- §41:901. Concordia Parish School Board; exchange of school lands; procedures; description
- §41:902. Exchange, lease, sale of unused school land; emergency circumstances
- §41:903. Central Community School Board; exchange of unused school land
- §41:904. East Baton Rouge Parish School Board; Central Community School Board; transfer of certain sixteenth section lands
- §41:905. Sale of unused school property by Orleans Parish School Board to public bodies
- §41:906. Union Parish School Board; exchange of unused school land
- §41:907. West Baton Rouge Parish School Board; exchange of sixteenth section lands
- §41:908. Ouachita Parish School Board; sale or exchange of school lands; procedures; description
PART IV. ACTIONS INVOLVING SCHOOL LANDS
SUBPART A. ACTIONS BY THE STATE
- §41:921. Actions for recovery of title and damages for trespass
- §41:922. Compensation of attorneys
- §41:923. Suit in name of state
- §41:924. Lands to which applicable
- §41:925. Disposition of proceeds
SUBPART B. ACTIONS BY SCHOOL BOARDS
- §41:961. Actions for recovery of title and damages for trespass
- §41:962. Compensation of attorneys
- §41:963. Suit in name of state; scope
- §41:964. Lands to which applicable
- §41:965. Disposition of proceeds
PART V. LEASE OF SCHOOL LANDS
CHAPTER 7. TIMBER
PART I. TIMBER ON STATE LANDS
- §41:1001. Application for sale of timber on state lands
- §41:1002. Information to be secured as to quantity and value of timber
- §41:1003. Advertisement
- §41:1004. Place; time; minimum price; proces verbal
- §41:1005. Proceeds
- §41:1006. Removal of timber
- §41:1007. Advertising rates
- §41:1008. Sale of timber on state lands where title in dispute: disposition of proceeds
- §41:1009. Cutting or sale, or both, of cypress timber on state property; prohibition
PART II. TIMBER ON LEVEE BOARD LANDS
- §41:1041. Application for sale of timber on levee board lands
- §41:1042. Information to be secured as to quantity and value of timber
- §41:1043. Advertisement
- §41:1044. Place; time; minimum price; proces verbal
- §41:1045. Proceeds
- §41:1046. Removal of timber
- §41:1047. Advertising rates
- §41:1048. Sale of timber on levee board lands where title in dispute; disposition of proceeds
PART III. TIMBER ON INTERAGENCY
RECREATION BOARD LAND
- §41:1081. Application for sale of timber in Interagency Recreation Board land
- §41:1082. Information to be secured as to quantity and value of timber
- §41:1083. Advertisement
- §41:1084. Place; time; minimum price; proces verbal
- §41:1085. Proceeds
- §41:1086. Removal of timber
- §41:1087. Advertising rates
- §41:1088. Sale of timber on Interagency Recreation Board lands where title in dispute; disposition of proceeds
- §41:1089. Transfer of former Interagency Recreation Board land to Department of Public Safety and Corrections
PART IV. TIMBER ON SIXTEENTH SECTION SCHOOL LANDS
CHAPTER 8. DETERMINATION OF BOUNDARIES
- §41:1131. Fixing of boundaries by mutual consent
- §41:1132. Formal agreement to be made
- §41:1133. Submission of differences to commissioners
- §41:1134. Powers of commissioners
- §41:1135. Costs
- §41:1136. Official determination of boundary
CHAPTER 9. ROADS AND RIGHTS OF WAY
- §41:1171. Roads established by parochial authorities over state lands
- §41:1172. Patents and titles subject to rights of way
- §41:1173. Granting of rights of way to corporations or individuals
- §41:1174. Disputed title; deposit of consideration in escrow
CHAPTER 10. LEASES OF PUBLIC LANDS
PART I. LEASES FOR GENERAL PURPOSES
- §41:1211. Lessor defined
- §41:1212. Lands which may be leased; purposes; leases of sixteenth section lands for agricultural purposes; negotiation of surface leases of school lands; negotiation of leases by certain public benefit corporations; negotiation of leases for administering buildings designated as historic landmarks
- §41:1213. Application for lease
- §41:1214. Advertisement and bids
- §41:1215. Opening of bids; execution of leases; exceptions; public benefit corporations; negotiated lease to nonprofit organizations
- §41:1215.1. Advertising costs
- §41:1215.2. New Orleans Convention Center; sale, lease, conveyance, transfer, or exchange of real property by the city of New Orleans
- §41:1215.3. Lease of certain state property; Fort Pike to the Rigolets Marina Inc.
- §41:1216. Restrictions of area, number, and transfer of leases; subleases
- §41:1217. Term and rental; port authorities excepted
- §41:1217.1. Renewal of lease; highest bid option
- §41:1218. Locating and fixing limits of lands
- §41:1219. Supervision of leases
- §41:1220. Trespass
- §41:1221. Penalties for violation
- §41:1222. Surface leases on state lands
- §41:1223. Ratification and confirmation of leases in municipalities of five hundred thousand
- §41:1224. Leases without advertisement or bids
- §41:1224.1. Exceptions to advertisement and bidding requirements
- §41:1224.2. Exceptions to advertisement and bidding requirements
- §41:1225. Oyster leases; grants of; ratification of existing leases
PART II. LEASES WITH RIGHT TO ERECT STORAGE AND
TRANSPORTATION FACILITIES
- §41:1261. Repealed by Acts 1995, No. 88, §3, eff. June 12, 1995.
- §41:1262. Repealed by Acts 1995, No. 88, §3, eff. June 12, 1995.
- §41:1263. Repealed by Acts 1995, No. 88, §3, eff. June 12, 1995.
- §41:1264. Repealed by Acts 1995, No. 88, §3, eff. June 12, 1995.
- §41:1265. Repealed by Acts 1995, No. 88, §3, eff. June 12, 1995.
- §41:1266. Repealed by Acts 1995, No. 88, §3, eff. June 12, 1995.
- §41:1267. Repealed by Acts 1995, No. 88, §3, eff. June 12, 1995.
- §41:1268. Repealed by Acts 1995, No. 88, §3, eff. June 12, 1995.
- §41:1269. Repealed by Acts 1995, No. 88, §3, eff. June 12, 1995.
PART III. LEASES BY POLITICAL SUBDIVISIONS
AND STATE AGENCIES
- §41:1291. Authority to lease to or from other political subdivisions, the state, or the United States
- §41:1292. Form and contents of lease; maximum period; use of property
- §41:1293. Execution of lease in triplicate, disposition of copies
- §41:1294. Proceedings contemplated by Part exclusive
CHAPTER 11. MISCELLANEOUS TITLE
VALIDATING PROVISIONS
- §41:1321. Sales made before 1914 validated
- §41:1322. Sixteenth section sales made prior to 1900; act of 1934
- §41:1323. Sixteenth section sales made prior to 1900; act of 1942
- §41:1323.1. Sixteenth section sales made prior to 1930; Act of 1946
- §41:1323.2. Sixteenth section sales made prior to 1921; Act of 1956
- §41:1323.3. Sixteenth section sales made through July 1, 1956; Act of 1964
- §41:1323.4. Sales, transfers or exchanges of public property by cities, towns, villages and police juries prior to twelve o'clock, noon, July 28, 1948
- §41:1323.5. Sales of irregular and fractional sixteenth section lands made prior to 1860
- §41:1323.6. Ratification and confirmation of leases of certain school lands
- §41:1324. Confirmation of certain sales and locations
- §41:1325. Certain redemptions in New Orleans confirmed
- §41:1326. Confirmation of certificates of redemption under 1934, 1935, 1936 and 1938 acts
- §41:1327. Confirmation of sales to drainage district
- §41:1328. Tax title by prescription
- §41:1329. Prescription on suit to quiet title of state
- §41:1330. Sale to drainage district
- §41:1331. Confirmation of sale to Jefferson and Plaquemines Drainage District
- §41:1332. Manner of sale by district
- §41:1333. Title of purchaser from district
- §41:1334. Lease, mortgage or use of property purchased by district
- §41:1335. Land exchanges by director of highways
- §41:1336. Sales of land by register of state land office to department of highways
- §41:1337. Sales of land by Louisiana tuberculosis commission prior to July 27, 1932
- §41:1338. Transfers of property acquired by the state or political subdivision; exemptions
CHAPTER 12. IMPROVEMENTS FOR RECREATIONAL PURPOSES
- §41:1501. Lease of lakes, bays and coves
- §41:1502. Specifications
- §41:1503. Approval of Lease
- §41:1504. Subject to prior and future alienations and wildlife laws and regulations
- §41:1505. Cancellation of lease
- §41:1506. Ratification and confirmation of leases in municipalities of five hundred thousand
CHAPTER 13. ARCHAEOLOGICAL RESOURCES
- §41:1601. Declaration of public policy
- §41:1602. Louisiana Archaeological Survey and Antiquities Commission
- §41:1603. Division of archaeology; state archaeologist
- §41:1604. Responsibilities of the division
- §41:1605. Archaeological finds on state land; state property
- §41:1606. Permits for recovery
- §41:1607. Contracts for recovery
- §41:1608. Grants and fees
- §41:1609. Access to information
- §41:1610. Prohibited excavations
- §41:1611. Public cooperation; private lands
- §41:1612. Injunctive relief
- §41:1613. State cooperation
- §41:1614. Penalties
NOTE: §1615 eff. until July 1, 2022. See Acts 2021, No. 114.
CHAPTER 14. STATE WATER BOTTOM MANAGEMENT
- §41:1701. Declaration of policy; public trust
- §41:1701.1. State Land Office; powers, duties, functions, and responsibilities
- §41:1702. Reclamation of lands lost through erosion, compaction, subsidence, and sea level rise; land acquisition for certain coastal projects; requirements
- §41:1703. Permits and licenses for encroachments other than reclamation projects
- §41:1704. Definitions
- §41:1705. Application of Chapter; exemptions
- §41:1706. Classes of permits
- §41:1707. Permits; applications; documentation and processing
- §41:1708. Leases to maintain encroachments; exceptions
- §41:1709. Terms and conditions of leases
- §41:1710. Leases for encroachments wholly upon public lands; leases for encroachments under this Title
- §41:1711. Leases and permits; general conditions
- §41:1712. Leases and permits, grant or denial; title
- §41:1713. Leases and permits, cause for cancellation or revocation
- §41:1714. Sanctions for violations; exceptions
CHAPTER 14-A. LEASES FOR PRODUCTION OF WIND ENERGY
- §41:1731. Legislative findings
- §41:1732. Lease authority and royalties
- §41:1733. Award of state wind leases
- §41:1734. Powers and duties of the secretary of the Department of Natural Resources
- §41:1751. Repealed by Acts 2006, No. 713, §4, eff. July 1, 2006.
- §41:1752. Repealed by Acts 2006, No. 713, §4, eff. July 1, 2006.
- §41:1753. Repealed by Acts 2006, No. 713, §4, eff. July 1, 2006.
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