§ 30:557 — Construction and operation of pipelines by secretary

Louisiana § 30:557

• Jurisdiction: Louisiana
• Title 30: Mortgages and Privileges

Text

§557. Construction and operation of pipelines by secretary
A. The secretary shall be empowered to plan, finance, construct in accordance with
the provisions of R.S. 38:2211, develop, acquire, maintain and operate a pipeline system or
systems, inclusive of pipelines, pumps, storage and all facilities, structures and properties
incidental and necessary or useful in the transportation, distribution and delivery of natural
gas and hydrocarbons from any and all points of production to points of consumption or to
the points of distribution for consumption, within or without the state of Louisiana, inclusive
of a pipeline system within the offshore area under the jurisdiction of the state, to facilitate
the production, transportation, distribution and delivery of natural gas and hydrocarbons,
including gas and hydrocarbons received as royalties "in-kind" by private land or mineral
owners, under private leases, and by the state, pursuant to mineral leases by the state, its
agencies and political subdivisions, and gas and hydrocarbons acquired by purchase or
otherwise by the state from private land or mineral owners.
B. In order to provide for the financing, construction, development, maintenance and
operation of said pipeline systems, the secretary may lease or rent to others, after
advertisement in accordance with the provisions of R.S. 30:142, the facilities constructed
pursuant to the authority conferred herein, and all facilities, structures and properties
necessary and incidental, to facilitate the production, transportation, distribution and delivery
of natural gas and other hydrocarbons from point of production to point of consumption or
to the point of distribution for consumption.
C. The secretary may borrow funds not to exceed fifty million dollars for
implementation of the purposes of this Section and mortgage and pledge any lease or leases
granted by, assigned or subleased by the secretary.
D. Anything herein to the contrary notwithstanding, the secretary shall not exercise
any of the rights or powers granted to him in Subsections A, B, and C of this Section, if
private persons, firms, or corporations are performing the acts and services, or are
constructing or have constructed the facilities to provide the services contemplated by this
Section. Prior to exercising any of such rights or powers, the secretary shall publish in the
official journal of the state a notice describing the acts, facilities, or services contemplated
by the secretary, and any private persons, firms or corporations desiring to perform the acts
or services or to construct the facilities to provide the services described in the notice, shall
have a period of thirty days from the date of last publication of the notice within which to
notify the secretary of their intention to perform the acts or services or to construct the
facilities to provide the services described in the notice. In the absence of such notification
by a private person, firm or corporation, or if such person, firm or corporation, having given
notice of intention to perform the acts or services or to construct the facilities to provide the
services contemplated by the secretary, fails to commence same within sixty days from the
date of notification of the secretary of such intention, the secretary may proceed to perform
the acts, construct the facilities or provide the services originally contemplated.
E. In exercising the rights and powers granted to him in this Section, the secretary
shall be vested with authority to:
(1) Acquire by expropriation any properties necessary or useful for the purposes of
this Section, in accordance with the general expropriation laws of the state. The secretary
shall not have the authority to expropriate mineral leases, gas supplies, gas reserves, oil
refineries, minerals, mineral rights or pipelines used in connection therewith. No person shall
be granted a suspensive appeal from any judgment rendered by a district court in any
expropriation action filed by the secretary hereunder in which it is held that a requested
expropriation be approved.
(2) Provide such light, water, police protection and other services for the facilities
as he deems advisable.
(3) Establish and collect reasonable fees, rates, tariffs, or other charges for the use
of all facilities administered by him and for all services rendered by him.
F. In the exercise of the powers, duties and functions granted to the secretary in
Subsection A of this Section, with respect to the production, transportation, distribution and
delivery of natural gas and hydrocarbons received as royalties "in-kind" by private land or
mineral owners under private leases and by the state pursuant to mineral leases by the state,
its agencies and political subdivisions, the secretary shall allocate and/or ration all such
natural gas and other hydrocarbons received as "in-kind" royalties in accordance with the
priorities established in R.S. 30:572(1)(a) through (i) and, notwithstanding any other
provisions of R.S. 30:572 or any other law to the contrary, the priorities established in
R.S.:30:572(1)(a) through (i), without any change or modification thereof whatsoever, shall
govern the allocation and/or rationing of natural gas and other hydrocarbons received as
"in-kind" royalties unless the secretary determines such priority use is impractical under the
circumstances.
G. Within ninety days after December 8, 1973, the secretary shall promulgate a set
of rules and regulations for intrastate pipeline safety, using as a guideline those rules and
regulations authorized by 49 U.S.C. 1671 through 1684 as established by the United States
Secretary of Transportation.

Legislative History

Added by Acts 1973, Ex.Sess., No. 16, §1, emerg. eff. Dec. 8, 1973, at 9:55 A.M.; Acts 1981, HCR No. 208; Acts 2025, No. 458, §1, eff. Oct. 1, 2025.