§ 33:4720.151 — East Baton Rouge Redevelopment Authority

Louisiana § 33:4720.151

• Jurisdiction: Louisiana
• Title 33: Municipalities and Parishes

Text

§4720.151. East Baton Rouge Redevelopment Authority
A. This Chapter may be referred to as the "East Baton Rouge Parish Redevelopment
Law".
B. It is hereby found and declared that:
(1) There exist in the parish of East Baton Rouge areas which have become slums,
blighted, and distressed because of the unsafe, unsanitary, inadequate, or overcrowded
condition of the structures therein, or because of inadequate planning for the area, or because
of physically or functionally obsolete structures, or because of excessive dwelling unit
density, or because of the lack of proper light and air and open space, or because of faulty
street or lot design, or inadequate public utilities, or community services, or because of
failure to adequately maintain and repair structures, or because of the conversion to
incompatible types of land usage, or because of environmental conditions and circumstances.
Such conditions or a combination of some or all of them have and will continue to result in
making such areas economic and social liabilities.
(2) In the wake of Hurricane Katrina and Hurricane Rita, the resident population of
the parish of East Baton Rouge in particular has increased dramatically, creating an urgent
and immediate need for affordable residential housing. Persons displaced by Hurricane
Katrina and Hurricane Rita should be assisted, should they so desire, in obtaining long-term
or permanent housing in the parish of East Baton Rouge.
(3) The prevention and elimination of slum, blighted, and distressed properties are
matters of public policy and concern, as such areas tend to consume a disproportionate
amount of parish revenues because of the extra services required for police, fire, accident,
and other forms of public protection, services, and facilities.
(4) The salvage, renewal, redevelopment, and reconstruction of such slum, blighted,
and distressed areas will promote the public health, safety, morals, and welfare of the public.
(5) The powers conferred by this Chapter are for public uses, purposes, welfare, and
utility for which public money may be expended as necessary and in the public's interest.
The provisions herein provided shall apply for residential, recreational, commercial,
industrial, or other purposes and otherwise to encourage the provision of healthful homes,
safe neighborhoods, a decent living environment, and adequate places of employment for the
people. Such purposes are hereby declared as a matter of legislative determination.
(6) The object of this Chapter is to provide for the following:
(a) A unified and comprehensive response to the housing shortages and other indirect
effects of Hurricane Katrina and Hurricane Rita upon south central Louisiana.
(b) The general and economic welfare of the parish through housing, commercial,
office, hospitality, recreation, education, infrastructure and utility capacity, manufacturing,
industrial, research, retail, or other activities which will create or retain jobs, maintain or
diversify industry, including new or emerging technologies, or maintain or increase the tax
base.
(c) The improvement of conditions of deteriorated physical development, slow
economic growth, and eroded financial health of the public and private sectors.
(d) The control, abatement, and prevention of pollution to protect public health and
safety, and the development and use of indigenous and renewable energy resources.
(e) Assistance to nonprofit and governmental entities in support of health,
educational, charitable, community, cultural, agricultural, consumer, or other services
benefiting the citizens.
C.(1) There is hereby created in the parish of East Baton Rouge a body politic and
corporate which shall exist in perpetuity and shall be known as the East Baton Rouge
Redevelopment Authority, referred to in this Chapter as the "authority". The authority is
authorized to use the trade name "Build Baton Rouge".
(2) The authority shall be a special district created pursuant to Article VI, Section 19
of the Constitution of Louisiana and political subdivision of the state as defined in Article
VI, Section 44 of the Constitution of Louisiana. The authority, acting through its governing
board, is hereby granted all of the rights, powers, privileges, and immunities accorded by the
laws and the Constitution of Louisiana to political subdivisions of the state, subject to the
limitations provided in this Chapter.
D. The authority, for the purposes of this Chapter, may within its jurisdiction,
formulate a workable program or programs for using appropriate private and public resources
to eliminate and prevent the development or spread of slums and blight, to encourage needed
rehabilitation, and to provide for the redevelopment of slum or blighted areas, or to undertake
other feasible parochial activities as may be suitably employed to achieve the objectives of
such workable program.
E. The authority, to the greatest extent it determines to be feasible in carrying out the
provisions of this Chapter, shall seek out cooperative endeavors, including partnerships, joint
ventures, and equity participation structures, with nonprofit organizations and private
enterprise. The authority shall give consideration to this objective in exercising the powers
granted pursuant to this Chapter.
F.(1) The authority shall be comprised of all of the territory located within the parish
of East Baton Rouge, including the territory comprising the municipalities of Baker, Baton
Rouge, Central,and Zachary, constituted on July 10, 2007. However, the governing authority
of each municipality may opt out of being included within the territorial jurisdiction of the
authority.
(2) The authority shall be activated and implemented by the appropriate governing
authority recognizing and confirming the appointment of the initial five members of the
board.
G.(1) The authority shall be governed by a board of commissioners, referred to in
this Chapter as the "board", consisting of five members appointed as follows:
(a) One member shall be appointed by the governing authority of the Baton Rouge
Area Foundation.
(b) One member shall be appointed by the governing authority of the Baton Rouge
Area Chamber.
(c) Three members shall be appointed by the mayor-president of the city of Baton
Rouge and parish of East Baton Rouge.
(2) All appointments shall be confirmed by the appropriate governing authority.
(3) The appointing authority shall present its appointees to the appropriate governing
authority. Such presentations by the appointing authorities shall be in writing, shall be made
at an official and open meeting of the appropriate governing authority, and shall include
information sufficient to allow the appropriate governing authority to assess the
qualifications and fitness of the appointee for his intended duties. Upon receipt of such
presentation, the appropriate governing authority shall have the right to confirm or reject said
appointment. Such confirmation or rejection shall be made in the manner and under the
procedure prescribed by the governing authority. Regardless of the manner and procedure
so employed, if the governing authority does not reject said appointment within sixty days
after the presentation required by this Paragraph, then the appointment shall be deemed
confirmed.
(4) Each board member shall be a citizen of the United States, a domiciliary of and
a qualified voter in the appropriate jurisdiction for at least one year preceding the date of
appointment, and shall remain a domiciliary of and a qualified voter of such jurisdiction
during the entirety of the term of office. Furthermore, each board member shall be of good
character and shall possess some skill, knowledge, or experience that will prove useful in the
accomplishment of the goals of the authority as set forth in Subsection B of this Section.
(5) Each board member shall serve for a term of five years, unless removed for cause
by the board, as provided in this Chapter, or removed for any reason by authorized action of
the appointing authority.
(6) The board shall establish rules and requirements relative to the attendance and
participation of members in its meetings, regular or special. Such rules and regulations may
prescribe a procedure whereby, should any member fail to comply with such rules and
regulations, such member may be disqualified and removed automatically from office by no
less than a majority vote of the remaining members of the board, and that member's position
shall be vacant as of the first day of the next calendar month. Any person removed under the
provisions of this Paragraph shall be ineligible for reappointment to the board, unless such
reappointment is confirmed unanimously by the board.
(7) A vacancy on a board shall be filled in the same manner as the original
appointment. In such cases a majority of the remaining board members may appoint an
interim member to serve until a new member is confirmed.
(8) Board members shall serve without compensation, shall have the power to
organize and reorganize the executive, administrative, clerical, and other departments and
forces of the authority and to fix the duties, powers, and compensation of all employees,
agents, and consultants of the authority. The board may reimburse any member for expenses
actually incurred in the performance of duties on behalf of the authority.
(9) The board shall elect yearly from its number a chairman, a vice chairman, a
secretary, and a treasurer and shall establish their duties as may be regulated by rules adopted
by the board. The offices of secretary and treasurer may be held by the same person. The
board may meet in regular session once each month and also shall meet in special session as
convened by the chairman or upon written notice signed by three members. A majority of
the members of the board, not including vacancies, shall constitute a quorum for the conduct
of business.
(10) All actions of a board shall be approved by the affirmative vote of a majority
of the members of that board present and voting. However, no action of the board shall be
authorized on the following matters unless approved by a majority of the total board
membership:
(a) Adoption of bylaws and other rules and regulations for conduct of the authority's
business.
(b) Hiring or firing of any employee or contractor of the authority. This function
may by majority vote be delegated by the board to a specified officer or committee of the
authority, under such terms and conditions, and to the extent, that the board may specify.
(c) The incurring of debt.
(d) Levy of taxes and call for any tax or other election.
(e) Adoption or amendment of the annual budget.
(f) Sale, lease, encumbrance, or alienation of real property, improvements, or
personal property with a value of more than fifty thousand dollars.
(11) Vote by proxy shall not be permitted. Any member may request a recorded vote
on any resolution or action of the authority.
(12) The board shall cause minutes and a record to be kept of all its proceedings.
Except as otherwise provided in this Paragraph, the authority shall be subject to the Public
Records Law (Chapter 1 of Title 44 of the Louisiana Revised Statutes of 1950), the Open
Meetings Law (R.S. 42:11 et seq.), and the Code of Governmental Ethics (Chapter 15 of
Title 42 of the Louisiana Revised Statutes of 1950). Notwithstanding the provisions of R.S.
42:14, until thirty days prior to the date the board is scheduled to consummate a final sale or
lease of any immovable property owned by the authority, the board may meet in executive
session to discuss negotiations between the authority and any prospective seller, purchaser,
lessor, or lessee of that property. R.S. 44:31 through 35 shall not apply to any records related
to the negotiations of or to the terms of such a sale or lease until thirty days prior to the date
the board is scheduled to consummate a final sale or lease. The board shall give written
public notice of its intention to consummate a final sale or lease at least thirty days prior to
the date on which the board intends to take such action. This notice shall comply with the
procedural provisions of R.S. 42:19.
(13) Repealed by Acts 2008, No. 891, §3, eff. July 9, 2008. (See also Acts 2009, No.
45, §1, eff. June 15, 2009.)
H. The authority, through the board, shall have all powers necessary or convenient
to carry out and effectuate the purposes and provisions of this Chapter, including but not
limited to the following:
(1) To sue and be sued and as such to stand in judgment.
(2) To adopt, use, and alter at will a corporate seal.
(3) To acquire by gift, grant, purchase, lease, or otherwise and to hold and use any
property, real, personal, mixed, tangible, or intangible, or any interest therein, necessary or
desirable for carrying out the objects and purposes of the authority, and to engage in any
action, such as the purchase of insurance, necessary or desirable for the maintenance or
improvement of such property. The authority shall not have any power to expropriate, except
that power which is granted by the appropriate governing authority.
(4)(a) To sell, lease for a term of up to ninety-nine years, exchange, or otherwise
dispose of or transfer to or with other political subdivisions of this state or public or private
persons at public or private sale any residential, commercial, industrial, or subdivision land,
property, improvements, or portions thereof, including real property, which is, in the opinion
of the board, appropriate to accomplish the objectives and purposes of the authority.
(b) Prior to any sale, lease, conveyance, disposition, or transfer of property pursuant
to this Paragraph, the authority shall fix the price and terms of the sale, lease, exchange, or
other contract to be made with reference to the property. Such sale, lease, conveyance,
disposition, or transfer shall comply with the terms and provisions of this Chapter.
(c) Any sale of industrial land, as defined by Chapter 8 of Title 51 of the Louisiana
Revised Statutes and the statutes referenced therein, shall be in accordance with laws
providing for the disposition or transfer of such land.
(d) Other than the requirements of this Chapter, no other law limiting or regulating
the form or manner of the sale, lease, conveyance, disposition, or transfer of property by
public bodies, including without limitation R.S. 41:1338, shall apply to the sale, lease,
conveyance, disposition, or transfer of property by the authority. All such sales, leases,
conveyance, dispositions, or transfers of property remain subject to the limitations imposed
by the Constitution of Louisiana.
(5) To convey to the United States, the state, or to any political subdivision of the
state any land, property, right-of-way, easement, servitude, or other thing of value, which the
authority may own or acquire, for use by such governmental entity to accomplish the
objectives and purposes of the authority, pursuant to the terms of any appropriate cooperative
endeavor agreement.
(6) To make and collect reasonable charges for the use of property of the authority
and for services rendered by the authority and to regulate fees or rentals charged for use of
privately owned facilities located on property owned or sold by the authority when such
facilities are offered for use by the public or by a private industrial, commercial, research,
or other economic development entity or activity.
(7) To enter into contracts and agreements with public bodies or public and/or
private entities to achieve the authority's objectives and purposes, including but not limited
to contracts for professional, legal, and other services and for the purchase, lease, acquisition,
sale, construction, operation, maintenance, marketing, and improvement of land, public
works, and facilities, as the board may deem necessary or convenient to accomplish the
objectives and purposes of the authority.
(8) To plan, develop, regulate, operate, and maintain activities and planned land uses
to foster creation of new jobs, economic development, industry, health care, general public
and social welfare, commerce, manufacturing, tourism, relocation of people and businesses
to the area, shipbuilding, aviation, military, warehousing, transportation, offices, recreation,
housing development, and conservation.
(9) To acquire land and improvements to construct, operate, and maintain facilities,
improvements, and infrastructure, including buildings, roads, bridges, drainage, and utilities,
and to perform other functions and activities on property owned or leased by the authority
to accomplish the objectives and purposes of the authority. However, the authority is
prohibited from constructing, operating, or maintaining any water, electric, or gas utility
facilities which duplicate, curtail, impair, or directly compete with a regulated water, electric,
or gas utility facility operating in or adjacent to the property owned or leased by the authority.
(10) To require and issue licenses.
(11) To levy annually and cause to be collected ad valorem taxes, provided that the
amount, term, and purpose of such taxes, as set out in propositions submitted to a vote in
accordance with the Louisiana Election Code, shall be approved by a majority of the
qualified electors of the parish voting in an election held for that purpose.
(12)(a) To levy and collect sales and use taxes within the boundaries of the authority
for such purposes and at such rate as provided by the propositions authorizing their levy, not
to exceed in aggregate one percent, which taxes may not exceed the limitation set forth in the
Constitution of Louisiana, provided the proposition submitted to a vote in accordance with
the Louisiana Election Code shall be approved by a majority of the qualified electors of the
parish voting in an election held for that purpose. In submitting a sales tax proposition to a
vote, the board may enter into a cooperative endeavor agreement with the parish governing
authority providing for the sales tax to be divided into parts between the parish and the
authority for such purposes and in such amounts as may be set forth in the proposition.
(b) The tax shall be levied upon the sale at retail, the use, the lease or rental, the
consumption, the distribution, and storage for use or consumption of tangible personal
property, and upon the sales of services within the parish, all as defined in R.S. 47:301 et seq.
(c) Except where inapplicable, the procedure established by R.S. 47:301 et seq. shall
be followed in the imposition, collection, and enforcement of the tax, and procedural details
necessary to supplement those Sections and to make them applicable to the tax herein
authorized shall be fixed in the resolution imposing the tax.
(d) The tax shall be imposed and collected uniformly throughout the parish.
(e) Any tax levied under this Paragraph shall be in addition to all other taxes which
the parish or any other political subdivision within the parish is now or hereafter authorized
to levy and collect.
(13) To develop, activate, construct, exchange, acquire, improve, repair, operate,
maintain, lease, mortgage, sell, and grant a security device affecting the movable and
immovable property, servitudes, facilities, and works within the parish under such terms and
conditions as the board may deem necessary or appropriate for any public purpose, including
industrial, residential, subdivision, and commercial development.
(14) To borrow money and to pledge or grant a security device affecting all or part
of its revenues, leases, rents, and other advantages as security for such loans.
(15) To appoint officers, agents, and employees, prescribe their duties, and fix their
compensation.
(16) To undertake and carry out redevelopment projects and related activities.
(17) To apply for and accept advances, leases, grants, contributions, and any other
form of financial assistance from the federal government, the state, parish, or other public
bodies, or from any sources, public or private, for the purposes of this Chapter, and to give
such security as may be required and to enter into and carry out contracts or agreements in
connection therewith; and to include in any contract for financial assistance with the federal
government such conditions imposed pursuant to federal laws as the board may deem
reasonable and appropriate and which are not inconsistent with the purposes of this Chapter.
(18) To make or have made all surveys and plans necessary to the carrying out of the
purposes of this Chapter and to adopt or approve, modify, and amend such plans, which
plans may include but are not limited to:
(a) Plans for carrying out a program of voluntary or compulsory repair and
rehabilitation of buildings and improvements.
(b) Plans for the enforcement of state and local laws, codes, and regulations relating
to the use of land and the use and occupancy of buildings and improvements and to the
compulsory repair, rehabilitation, demolition, or removal of buildings and improvements.
(c) Appraisals, title searches, surveys, studies, and other plans and work necessary
to prepare for the undertaking of redevelopment projects and related activities.
(19) To develop, test, and report methods and techniques and carry out
demonstrations and other activities for the prevention and the elimination of slums and urban
blight, including developing and demonstrating new or improved means of providing
housing or continuing care, assisted living, or independent living or other similar type
housing for elderly or retired persons or other persons desiring such housing facilities.
(20) To make and from time to time amend and repeal bylaws, orders, rules, and
regulations in order to effectuate the provisions of this Chapter.
(21) To exercise all or any part or combination of powers herein granted by this
Chapter.
(22) The authority shall not be deemed to be an instrumentality of the state for
purposes of Article X, Section 1(A) of the Constitution of Louisiana.
(23) To purchase property at a sale conducted pursuant to enforcement of judicial
mortgages created in accordance with R.S. 13:2575(C) by tendering a bid equal to or greater
than the minimum bid advertised, which bid may be a credit bid consisting of the obligation
of the authority to satisfy the bid by payment to the political subdivision holding the lien
being enforced in accordance with intergovernmental agreements between the authority and
such political subdivision. Such a bid shall be given priority over all other bids regardless
of amount, except for a higher bid submitted by a conventional mortgage holder holding a
mortgage on the subject property.
I.(1) The authority may incur debt and issue general obligation bonds under the
authority of and subject to the provisions of Article VI, Section 33 of the Constitution of
Louisiana, and Subpart A of Part III of Chapter 4 of Subtitle II of Title 39 of the Louisiana
Revised Statutes of 1950, for the acquisition and operation of authority property or to carry
out the other public purposes of this Chapter, and to issue any other bonds permitted by law,
borrow money, and issue certificates of indebtedness, notes, and other debt obligations as
evidence thereof and provide for the manner and method of repayment in accordance with
law.
(2) The authority may issue revenue bonds to finance the undertaking of a
redevelopment project under this Chapter, or otherwise to acquire, purchase, lease, construct,
or improve housing, residential development, subdivision development, commercial,
research, industrial, or other plant sites and buildings, or other capital improvements
authorized in this Chapter, including energy and pollution abatement and control facilities
and necessary property and appurtenances thereto; and may sell, lease, sublease, or otherwise
dispose of by suitable and appropriate contract to any enterprise locating or existing within
the jurisdiction of the authority such sites, buildings, or facilities and appurtenances thereto,
all or severally. The funds derived from the sale of such bonds may be disbursed in whole
or in part upon delivery of the bonds as shall be provided in the contract between the
authority and the residential, commercial, research, industrial, or other enterprise to be aided,
encouraged, or benefited subject to the requirements of this Chapter.
(3) The issuing authority may enter into, amend, or terminate, as it determines to be
necessary or appropriate, any ancillary contracts (a) to facilitate the issuance, sale, resale,
purchase, repurchase, or payments of bonds, including without limitation bond insurance,
letters of credit, and liquidity facilities, or (b) to attempt to hedge risk or achieve a desirable
effective interest rate or cash flow, all subject to the approval of the State Bond Commission.
(4) Bonds issued under Paragraph (2) of this Subsection shall be authorized by
resolution of the board and shall be limited obligations of the issuing authority; the principal
and interest, costs of issuance, and other costs incidental thereto shall be payable solely from
the income and revenue derived from the sale, lease, or other disposition of the project or
facility to be financed by the bonds issued under this Subsection, or from the income and
revenue derived from the sale, lease, or other disposition of any existing project or facility
acquired, constructed, and improved under the provision of this Subsection, or from any
source available for such purpose. However, in the discretion of the issuing authority, the
bonds may be additionally secured by mortgage or other security device covering all or part
of the project from which the revenues so pledged may be derived. Any refunding bonds
issued pursuant to this Subsection shall be payable from any source described above or from
the investment of any of the proceeds of the refunding bonds authorized under this
Subsection and shall not constitute an indebtedness or pledge of the general credit of the
parish or municipality, as appropriate, or the authority within the meaning of any
constitutional or statutory limitation of indebtedness and shall contain a recital to that effect.
Bonds of the authority issued under this Subsection shall be issued in such form, shall be in
such denominations, shall bear interest, shall mature in such manner, and be executed by one
or more members of the board as provided in the resolution authorizing the issuance thereof.
Such bonds may be subject to redemption at the option of and in the manner determined by
the board in the resolution authorizing the issuance thereof.
(5) No bonds or other evidences of indebtedness may be issued under this Subsection
without the prior approval of the State Bond Commission of the terms and provisions
thereof.
(6) Bonds issued under this Subsection shall be issued, sold, and delivered in
accordance with the terms and provisions of a resolution adopted by the board. The board
may sell such bonds in such manner, either at public or at private sale, and for such price as
it may determine to be in the best interests of the authority, subject to the approval of the
State Bond Commission. The resolution issuing bonds shall be published in a newspaper of
general circulation within the jurisdiction of the authority, and for a period of thirty days after
said publication, any interested citizen may bring an action to contest the bonds and the
security therefor, as provided in the Constitution of Louisiana. If, after the expiration of
thirty days, no suit has been filed, the issuance, sale, and security of the bonds shall be
incontestable, and no court shall have authority to entertain any action questioning or
contesting such matters.
(7) Bonds issued by the authority under this Chapter are deemed to be securities of
public entities within the meaning of Chapters 13 and 13-A of Title 39 of the Louisiana
Revised Statutes of 1950, and shall be subject to defeasance in accordance with the
provisions of Chapter 14 of Title 39 of the Louisiana Revised Statutes of 1950, shall be
subject to the refunding provisions of Chapter 14-A of Title 39 of the Louisiana Revised
Statutes of 1950, and may also be issued as short-term revenue notes of a public entity under
Chapter 15-A of Title 39 of the Louisiana Revised Statutes of 1950.
(8) No bonds, other debt obligations, or contracts of the authority shall be a charge
upon the income, property, or revenue of the parish or municipality, as appropriate, nor shall
any obligations of the authority be the obligations of the applicable parish or municipality.
(9) Any bonds issued by the authority shall be subject to the Bond Validation Law
(R.S. 13:5121), pursuant to which the issuance of the bonds may be submitted to the courts
for validation.
J.(1) The exercise by the board of the powers conferred by virtue of this Chapter
shall be deemed and held to be an essential governmental function of the state and parish.
As the exercise of the powers granted by this Chapter will be in all respects for the benefit
of the people of the state and parish, for the increase of their commerce and prosperity, and
for the improvement of their health and living conditions, the authority shall not be required
to pay any taxes, including but not limited to sales and use taxes, ad valorem, occupational
licensing, income, or any other taxes of any kind or nature, or fees or assessments upon any
property held, acquired, or used by the authority under the provisions of this Chapter, or upon
the income therefrom. Any bonds, certificates, or other evidences of indebtedness issued by
the authority and the income therefrom shall be exempt from taxation by the state and by any
parish, municipality, or other political subdivision of the state. The authority shall not be
deemed to be a public utility and shall not be subject in any respect to the authority, control,
regulation, or supervision of the Louisiana Public Service Commission.
(2) All property of the authority, including funds owned or held by it for the purpose
of this Chapter, shall be exempt from levy and sale by virtue of an execution, and no
execution or other judicial process shall issue against the same, nor shall judgment against
the parish or authority be a charge or lien upon such property. However, the provisions of
this Subsection shall not apply to or limit the right of obligees to pursue any remedies for the
enforcement of any pledge or lien given pursuant to this Chapter by the authority on its rents,
fees, grants, or revenues.
K.(1) The authority may purchase adjudicated properties within its territorial
jurisdiction from any political subdivision of the state of Louisiana. No such purchase shall
be construed to, or otherwise have the effect of, extending or suspending the period
prescribed by law for the redemption of the property by the tax debtor or any other person.
(2) In addition to the authority set forth in Subpart B of Part IV of Chapter 5 of
Subtitle III of Title 47 of the Louisiana Revised Statutes of 1950, such purchases by the
authority may be in the manner provided for in Chapter 13-A of Title 33 of the Louisiana
Revised Statutes of 1950 or by a direct negotiated purchase and sale agreement between the
authority and a political subdivision without any other requirement of a public sale prior to
the transfer of such properties to the authority. Such purchases by the authority shall not be
considered the sale of surplus property or of property owned by the political subdivision.
(3) Effective upon the recordation of the transfer of an adjudicated property to the
authority pursuant to a purchase and sale agreement, the rights of the authority in and to such
property shall be the rights of a purchaser at a tax sale as contemplated by Chapter 5 of
Subtitle III of Title 47 of the Louisiana Revised Statutes of 1950, subject only to the rights
of redemption of the property set forth in Article VII, Section 25(B) of the Constitution of
Louisiana, and the property shall no longer be deemed to be adjudicated property as of such
recordation. For purposes of the right of redemption in Article VII, Section 25(B) of the
Constitution of Louisiana, the three-year period commences on the date of the recordation
of the initial adjudication to the political subdivision and not on the date of transfer to the
authority.
(4) Any such purchase and sale agreement shall set forth the total consideration to
be paid by the authority and the method and timing of payment of such consideration by the
authority.
(5) The state and any political subdivision with liens on the property may, pursuant
to intergovernmental agreements with the authority, cancel such liens contemporaneously
with or subject to the transfer of the property to the authority.
(6)(a) The authority shall have the right, subject to the provisions of this Section, to
purchase properties at tax sales conducted in accordance with Part III of Chapter 5 of Subtitle
III of Title 47 of the Louisiana Revised Statutes of 1950, and any and all such purchases shall
be a purchase pursuant to those provisions and not an adjudication to a political subdivision.
(b) Notwithstanding the provisions of Chapter 5 of Subtitle III of Title 47 of the
Louisiana Revised Statutes of 1950, the authority may tender a bid at a tax sale which is a
credit bid, consisting of the obligation of the authority to satisfy the component parts of the
bid by payments to the respective political subdivisions and taxing entities in accordance
with intergovernmental agreements between the authority and such political subdivisions and
taxing entities.
(c) A bid by the authority at a tax sale for the minimum amount shall take priority
over all other bids for the same quantity of property, except for a higher bid submitted by a
conventional mortgage holder holding a mortgage on the subject property.
(7) The authority shall submit annual reports to the House Committee on Municipal,
Parochial and Cultural Affairs and the Senate Committee on Local and Municipal Affairs and
each member of the East Baton Rouge Parish legislative delegation concerning property
purchased by the authority. Such report shall be filed by March first each year and shall
cover the previous calendar year. Each report shall include:
(a) The legal description or other indication of the location of each property
purchased.
(b) The amount paid for each property.
(c) The minimum bid that was set for the property and the appraised value of the
property.
(d) A general description of the authority's plans for the property and how such plans
advance the purposes for which the authority is created.
L.(1) The authority shall have the power to create and execute redevelopment or
development plans for specified areas within its territorial jurisdiction. The implementation
of all such plans shall not proceed until, to the extent required by law, the authority has
obtained the approval of the local planning commission or zoning board. In the execution
of such a redevelopment plan, the authority shall have the powers provided in this
Subsection. The fact that a certain power is expressed or implied in this Paragraph as
pertinent to the authority's execution of a redevelopment plan shall not suggest or imply that
such power is otherwise denied to the authority.
(2) A redevelopment plan shall include a definition of the redevelopment area. This
area, or any part thereof, may be further designated as a subdistrict of the authority.
(3) The authority may sell, lease, exchange, or otherwise transfer immovable
property or any interest therein acquired by it for residential, recreational, commercial,
industrial, or other uses or for public use, subject to such covenants, conditions, and
restrictions, including covenants running with the land, as it may deem to be necessary or
desirable to assist in carrying out the purposes of this Chapter. The purchasers or lessees and
their successors and assigns shall be obligated to devote such immovable property only to
the uses as the authority may determine to be in the public interest, including the obligation
to begin within a reasonable time any improvements on such immovable property. Such
immovable property or interest shall be sold, leased, exchanged, or otherwise transferred at
not less than its fair value for uses in accordance with the redevelopment or development
plan. In determining the fair value of immovable property for uses in accordance with the
redevelopment or development plans, the authority shall take into account and give
consideration to the use provided in such plan; the restrictions upon and the covenants,
conditions, and obligations assumed by the purchaser or lessee; and the objectives of such
plan. The authority, in any instrument of conveyance to a private purchaser or lessee, may
provide that such purchaser or lessee shall be without power to sell, lease, exchange, or
otherwise transfer the immovable property without the prior written consent of the authority
until such purchaser or lessee has completed the construction of any and all improvements
which he has obligated himself to construct thereon. Immovable property acquired in
accordance with the provisions of the plan shall be transferred as rapidly as feasible in the
public interest, consistent with the carrying out of the provisions of the project plan. Such
plan and any substantial modification of such plan shall be filed as a public record in the
office of the clerk of the parish, and any conveyances, encumbrances, or other contracts may
incorporate the provisions thereof by reference which shall afford notice thereof to all parties.
(4) The authority may dispose of, sell, exchange, or lease immovable property in a
redevelopment area to any private person for the fair market value of the property as
determined by a certified and competent appraiser, or to any private person pursuant to
reasonable competitive bidding procedures as it shall prescribe subject to the provisions set
forth in this Paragraph. Such reasonable bidding procedures must include public notice, by
publication once each week for two consecutive weeks in a newspaper having a general
circulation in the community, inviting proposals from and making available all pertinent
information to private redevelopers or any persons interested in undertaking to redevelop or
rehabilitate a redevelopment area or any part thereof. Such notice shall identify the area, or
portion thereof, and shall state that proposals shall be made by those in interest within thirty
days after publication of such notice, and that such further information as is available may
be obtained at such office as shall be designated in the notice. The board shall consider all
such redevelopment or rehabilitation proposals and the financial and legal ability of the
persons making such proposals to carry them out, and may negotiate with any persons for
proposals for the purchase, lease, or other transfer of any immovable property acquired by
the authority in the redevelopment area. The board may accept such proposal as it deems to
be in the public interest and in furtherance of the purposes of this Chapter. Such notice, and
all contracts to sell, lease, exchange, or otherwise transfer immovable property under the
provisions of this Chapter, shall be a public record and shall include the name of the
redeveloper or purchaser, together with the names of its officers and principal members or
shareholders and investors and other interested parties, the redeveloper's estimate of the cost
of any residential development and rehabilitations, and the redeveloper's estimate of rentals
and sales prices of any proposed housing involved in such redevelopment and rehabilitation.
Thereafter, the board may execute such contract in accordance with the provisions of this
Chapter and deliver acts of sale, leases, and other instruments and take all steps necessary
to effectuate such contract.
(5) The authority may temporarily operate, maintain, or lease real property acquired
by it in a redevelopment area for or in connection with a redevelopment project pending
disposition of the property as authorized in this Chapter for such uses and purposes as may
be deemed desirable even though not in connection with the redevelopment plan.
(6) Any real property within a redevelopment area acquired pursuant to Subsection
K of this Section may be disposed of without regard to the other provisions of this Chapter.
Real property acquired in accordance with the redevelopment plan may be disposed of to a
public body for public reuse without regard to the provisions of this Subsection.
(7) Notwithstanding any other provisions of this Chapter where an area in the parish
is designated as a redevelopment area under the Federal Area Redevelopment Act (Public
Law 87-27), or any Act supplementary thereto, land in a redevelopment project area
designated under the redevelopment plan for industrial or commercial uses may be disposed
of to any public body or nonprofit corporation for subsequent disposition as promptly as
practical by the public body or corporation for redevelopment in accordance with the
redevelopment plan, and only the purchaser from or lessee of the public body or corporation,
and their assignees, shall be required to assume the obligation of beginning the building of
improvements within a reasonable time. Any disposition of land to a public body or
corporation under this Paragraph shall be at its fair value for uses in accordance with the
redevelopment plan.
M.(1) The authority may, in the implementation of a redevelopment plan, create one
or more subdistricts to conduct, oversee, or assist in the implementation of such
redevelopment plan. The boundaries of such a subdistrict may include all or part of the
redevelopment area. Such a subdistrict shall have and exercise such powers and
responsibilities as the authority shall specify in the enabling resolution. The full extent of
such powers and responsibilities may include such powers as the authority itself may
exercise, and such other powers as are given to the subdistrict by this Paragraph or any other
law, but any exercise of such powers by the subdistrict shall be confined solely to the
geographical limits of the subdistrict. Such a subdistrict may be established to exist at the
pleasure of the authority, or for any period of time, or until the happening of any occurrence
or occurrences, that the authority may specify.
(2) The creation of a subdistrict shall in no instance result in the detachment,
severance, or loss of any power or responsibility granted to the authority by this Chapter, and
within the confines of any subdistrict, the authority shall have full jurisdiction, concurrent
with that of the subdistrict, to exercise said powers and responsibilities. The fact that a
certain power is expressed or implied in this Paragraph as pertinent to a subdistrict's conduct,
overseeing, or assistance in the implementation of the redevelopment plan shall not suggest
or imply that such power is otherwise denied to the authority. However, the authority and
its subdistricts shall not, collectively, have any greater power to tax than that granted, in the
first instance, to the authority alone.
(3) Unless otherwise specified in the resolution or other formal act creating the
subdistrict, the board members of the authority shall constitute the governing authority of the
subdistrict.
(4) Unless otherwise specified in the resolution or other formal act creating the
subdistrict, the subdistrict shall be a distinct and separate juridical entity, and the rights,
interests, and liabilities of the subdistrict shall not under any circumstances be considered
those of the authority.
(5)(a) In addition to the other powers it may be granted, a subdistrict may enjoy,
within its geographical boundaries, the powers of tax increment financing, the issuance of
revenue bonds, and those other powers that may be exercised by an economic development
district created by a local governmental subdivision pursuant to R.S. 33:9038.32. However,
the subdistrict shall remain subject to all limitations and reservations applicable to the
powers of the authority.
(b) Prior to the dedication of any state sales tax increments to be used for an
authorized purpose of a subdistrict, the secretary of Louisiana Economic Development shall
submit the proposal to the Joint Legislative Committee on the Budget for approval. The
submittal shall also include a written evaluation and determination by the department, with
input from and certification by the Department of Revenue, of the anticipated increase in
state sales tax revenues to be collected within the state over state sales tax revenues that were
collected within the state in the year immediately prior to the year in which the proposal is
submitted to the committee that would be a direct result of the proposal. In addition, any
cooperative endeavor agreement or other agreement providing for the expenditure of funds
collected by the state as state sales tax increments and dedicated to a project or for the
payment of revenue bonds therefor shall be subject to approval by the State Bond
Commission prior to execution by the state.
N. All banks, trust companies, bankers, savings banks and institutions, building and
loan associations, savings and loan associations, investment companies, and other persons
carrying on a banking or investment business; all insurance companies, insurance
associations, and other persons carrying on an insurance business; and all executors,
administrators, curators, trustees, and other fiduciaries may legally invest any sinking funds,
monies, or other funds belonging to them or within their control in any bonds or other
obligations issued by the authority pursuant to this Chapter. Bonds and other obligations
shall be authorized security for all public deposits. It is the purpose of this Subsection to
authorize any public or private persons, political subdivisions, and officers, public or private,
to use any funds owned or controlled by them for the purchase of any bonds or other
obligations. Nothing contained in this Subsection with regard to legal investments shall be
construed as relieving any persons of any duty of exercising reasonable care in selecting
securities.
O. For the purpose of aiding in the planning, undertaking, or carrying out of a
redevelopment or development project and related activities authorized by this Chapter, any
public body may, upon such terms, with or without consideration as it may determine:
(1) Dedicate, sell, convey, or lease any of its interest in any property or grant
easements, licenses, or other rights or privileges therein to the authority.
(2) Incur the entire expense of any public improvements made by such public body.
(3) Do any and all things necessary to aid or cooperate in the planning or carrying
out of a redevelopment plan and related activities.
(4) Lend, grant, or contribute funds to the authority in accordance with an
appropriate cooperative endeavor agreement and borrow money and apply for and accept
advances, loans, grants, contributions, and any other form of financial assistance from the
federal government, the state, parish, or other public body, or from any other source.
(5) Enter into agreements which may extend over any period notwithstanding any
provision or rule of law to the contrary with the federal government or other public body
respecting action to be taken pursuant to any of the powers granted by this Chapter, including
the furnishing of funds or other assistance in connection with a redevelopment project and
related activities.
(6) Cause public buildings and public facilities, including parks, playgrounds,
recreational, community, educational, water, sewer, or drainage facilities, or any other works
which it is otherwise empowered to undertake to be furnished; furnish, dedicate, close,
vacate, pave, install, grade, regrade, plan, or replan streets, roads, sidewalks, ways, or other
places; plan or replan, zone or rezone, or make exceptions from building regulations.
P. Any instrument executed, in proper form and with proper certification of
authority, by the authority purporting to convey any right, title, or interest in any property
under this Chapter shall be conclusively presumed to have been executed in compliance with
provisions of this Chapter insofar as title or other interest of any bona fide purchasers,
lessees, or transferees of the property is concerned.
Q. As used in this Chapter, the following terms shall have the meaning herein
ascribed to them.
(1) "Appropriate governing authority" shall mean the governing authority of East
Baton Rouge Parish.
(2) "Appropriate jurisdiction" shall mean East Baton Rouge Parish.
(3) "Bonds" means any bonds, notes, interim certificates, certificates of indebtedness,
debenture, or other obligation.
(4) "Federal government" means any department, agency, or instrumentality,
corporate or otherwise, of the United States of America.
(5) "Public body" means the state and any parish and any board, authority, agency,
district, subdivision, department, or instrumentality, corporate or otherwise, of the state or
any parish.
(6) "Real property" or "immovable property" means any and all right, title, and
interest in a tract of land, including its component parts and liens by way of judgment,
mortgage, or otherwise.
(7) "Owners of a property interest" means anyone with a corporeal or incorporeal
interest in immovable property filed for record in the conveyance records or mortgage
records of the clerk of court and ex officio recorder of mortgages for the parish where the
property is located, including a naked owner, a usufructuary, a mortgagee, a judgment
creditor, or a holder of a personal or predial servitude.
R. Insofar as the provisions of this Chapter are inconsistent with the provisions of
any other law, the provisions of this Chapter shall be controlling. However, the authority
shall be subject to the provisions of the Local Government Fair Competition Act, R.S.
45:844.41 et seq. The authority conferred by this Chapter shall be in addition and
supplemental to the powers conferred by any other law.
S.(1) In addition to other powers granted to the authority pursuant to this Chapter,
the authority may initiate an expedited quiet title and foreclosure action under this Subsection
to quiet title to immovable property held by the authority, interests in property purchased by
the authority at tax sales, or in formerly adjudicated properties acquired by the authority from
a political subdivision, by recording with the conveyance records of the clerk of court and
ex officio recorder of mortgages a notice of pending expedited quiet title and foreclosure
action. The notice shall include a legal description of the property; the street address of the
property if available; the name, address, and telephone number of the authority; a statement
that the property is subject to expedited quiet title proceedings and foreclosure under this
Subsection; and a statement that any legal interests in the property may be extinguished by
a district court order vesting title to the property in the authority. The right of redemption
from tax sales in Article VII, Section 25(B) of the Constitution of Louisiana shall be
terminated by these proceedings only if the time period for expiration of the right of
redemption has expired. If a notice is recorded in error, the authority may correct the error
by recording a certificate of correction with the register of conveyances. A notice or
certificate under this Subsection need not be notarized and may be authenticated by a digital
signature or other electronic means. If the authority has reason to believe that a property
subject to an expedited quiet title and foreclosure action under this Subsection may be the
site of environmental contamination, the authority shall provide the Department of
Environmental Quality with any information in the possession of the authority that suggests
the property may be the site of environmental contamination.
(2) After recording the notice under Paragraph (1) of this Subsection, the authority
shall initiate a search of records identified in this Paragraph to identify the owners of a
property interest in the property who are entitled to notice of the quiet title and foreclosure
hearing under this Subsection. The authority may enter into a contract with or may request
from one or more authorized representatives a title search or other title product to identify
the owners of a property interest in the property as required under this Paragraph or to
perform the other functions set forth in this Subsection required for the quieting of title to
property. The owner of a property interest is entitled to notice under this Section if that
owner's interest was identifiable by reference to any of the following sources before the date
that the authority records the notice under Paragraph (1) of this Subsection:
(a) Land title records in the office of the recorder of mortgages and the register of
conveyances.
(b) Tax records in the office of the assessor.
(3) The authority may file a single petition with the district court to expedite
foreclosure under this Subsection listing all property subject to expedited foreclosure by the
authority and for which the authority seeks to quiet title. If available to the authority, the list
of properties shall include a legal description of, a tax parcel identification number for, and
the street address of each parcel of property. The petition shall seek a judgment in favor of
the authority against each property listed and shall include a date, within ninety days of filing,
on which the authority requests a hearing on the petition. The petition shall request that a
judgment be entered vesting absolute title in the authority, without right of redemption for
each parcel of property listed, as provided in this Paragraph. Prior to the entry of judgment
under this Paragraph, the authority may request the court to remove property erroneously
included in the petition or any tax delinquent properties redeemed prior to the hearing.
(4) The district court in which a petition is filed under Paragraph (3) of this
Subsection shall immediately set the date, time, and place for a hearing on the petition for
foreclosure. The date shall be set by the court and shall not be more than ten days after the
date requested by the authority in the petition. In no event may the court schedule the
hearing later than ninety days after the filing of a petition by the authority under Paragraph
(3) of this Subsection.
(5) After completing the records search under Paragraph (2) of this Subsection, the
authority shall determine the address or addresses reasonably calculated to inform those
owners of a property interest in property subject to expedited foreclosure under this
Subsection of the pendency of the quiet title and foreclosure hearing under Paragraph (11)
of this Subsection. If, after conducting the title search, the authority is unable to determine
an address reasonably calculated to inform persons with a property interest in property
subject to expedited tax foreclosure, or if the authority discovers a deficiency in notice under
this Subsection, the following shall be considered reasonable steps by the authority to
ascertain the addresses of persons with a property interest in the property subject to expedited
foreclosure or to ascertain an address necessary to correct a deficiency in notice under this
Subsection:
(a) For an individual, a search of records of the recorder of mortgages and the
register of conveyances.
(b) For a business entity, a search of business entity records filed with the
commercial division of the Department of State.
(c) For a state or federal chartered depositary financial institution, a search of entity
records filed with the Louisiana Office of Financial Institutions or with the Federal Deposit
Insurance Corporation (FDIC).
(6) Not less than thirty days before the quiet title and foreclosure hearing under
Paragraph (11) of this Subsection, the authority shall send notice by certified mail, return
receipt requested, of the hearing to the persons identified under Paragraph (2) of this
Subsection who have a property interest in property subject to expedited foreclosure. The
authority shall also send a notice via regular mail addressed to the "Occupant" for each
property subject to expedited foreclosure if an address for the property is ascertainable.
(7) Not less than thirty days before the quiet title and foreclosure hearing under
Paragraph (11) of this Subsection, the authority or its authorized representative or authorized
agent shall visit each parcel of property subject to expedited foreclosure and post on the
property conspicuous notice of the hearing. In addition to the requirements of Paragraph (8)
of this Subsection, the notice shall also include the following statement: "This Property has
been transferred to the East Baton Rouge Redevelopment Authority and is subject to an
expedited quiet title and foreclosure action. Persons with information regarding the prior
owner of the property are requested to contact the East Baton Rouge Redevelopment
Authority."
(8) The notices required under Paragraphs (6) and (7) of this Subsection shall
include:
(a) The date on which the authority recorded, under Paragraph (1) of this Subsection,
notice of the pending expedited quiet title and foreclosure action.
(b) A statement that a person with a property interest in the property may lose his
interest as a result of the quiet title and foreclosure hearing under Paragraph (11) of this
Subsection.
(c) A legal description, parcel number of the property, and the street address of the
property, if available.
(d) The person to whom the notice is addressed.
(e) The date and time of the hearing on the petition for foreclosure under Paragraph
(1) of this Subsection, and a statement that the judgment of the court may result in title to the
property vesting in the authority.
(f) An explanation of any rights of redemption and notice that the judgment of the
court may extinguish any ownership interest in or right to redeem the property.
(g) The name, address, and telephone number of the authority.
(h) A statement that persons with information regarding the owner or prior owner
of any of the properties are requested to contact the authority.
(9) If the authority is unable to ascertain the address reasonably calculated to inform
the owners of a property interest entitled to notice under this Section, or is unable to provide
notice under Paragraphs (6) and (7) of this Subsection, the authority shall provide notice by
publication. Prior to the hearing, a notice shall be published for three successive weeks, once
each week, in a newspaper published and circulated in the parish. The published notice shall
include all of the following:
(a) A legal description, parcel number of the property, and the street address of the
property, if available.
(b) The name of any person not notified under Paragraphs (6) and (7) of this
Subsection that the authority reasonably believes may be entitled to notice under this Section
of the quiet title and foreclosure hearing under Paragraph (11) of this Subsection.
(c) A statement that a person with a property interest in the property may lose his
interest as a result of the foreclosure proceeding under Paragraph (11) of this Subsection.
(d) The date and time of the hearing on the petition for foreclosure under Paragraph
(11) of this Subsection.
(e) A statement that the judgment of the court may result in title to the property
vesting in the authority.
(f) An explanation of any rights of redemption and notice that judgment of the court
may extinguish any ownership interest in or right to redeem the property.
(g) The name, address, and telephone number of the authority.
(h) A statement that persons with information regarding the owner or prior owner
of any of the properties are requested to contact the authority.
(10) If prior to the quiet title and foreclosure hearing under Paragraph (11) of this
Subsection, the authority discovers any deficiency in the provision of notice under this
Subsection, the authority shall take reasonable steps in good faith to correct the deficiency
before the hearing. The provisions of this Subsection relating to notice of the quiet title and
foreclosure hearing are exclusive and exhaustive. Other requirements relating to notice and
proof of service under other law, rule, or other legal requirement are not applicable to notice
or proof of service under this Subsection.
(11) If a petition for expedited quiet title and foreclosure is filed under Paragraph (3)
of this Subsection, before the hearing, the authority shall file with the clerk of the district
court proof of notice by certified mail under Paragraph (6) of this Subsection, proof of notice
by posting on the property under Paragraph (7) of this Subsection, and proof of notice by
publication, if applicable. A person claiming an interest in a parcel of property set forth in
the petition for foreclosure, including a current holder of a conventional mortgage, who
desires to contest that petition shall file written objections with the clerk of the district court
and serve those objections on the authority before the date of the hearing. A holder of a
conventional mortgage may object to the action and is entitled to a dismissal of the
proceedings by the district court upon a showing that it is the holder of a legally enforceable
conventional mortgage and upon payment of the outstanding amount of any liens, taxes, and
related costs. The district court may appoint and utilize as the court considers necessary a
curator for assistance with the resolution of any objections to the foreclosure or questions
regarding the title to property subject to foreclosure. If the court withholds property from
foreclosure, the authority's ability to include the property in a subsequent petition for
expedited quiet title and foreclosure is not prejudiced. No injunction shall issue to stay an
expedited quiet title and foreclosure action under this Subsection. The district court shall
enter judgment on a petition to quiet title and foreclosure filed under Paragraph (3) of this
Subsection not more than ten days after the conclusion of the hearing or contested case, and
the judgment shall become effective ten days after the conclusion of the hearing or contested
case. The district court's judgment shall specify all of the following:
(a) The legal description and, if known, the street address of the property foreclosed.
(b) That title to property foreclosed by the judgment is vested absolutely in the
authority, except as otherwise provided in Paragraphs (3) and (5) of this Subsection, without
any further rights of redemption.
(c) That all liens against the property, including any lien for unpaid taxes or special
assessments, are extinguished.
(d) That, except as otherwise provided in Subparagraph (e) of this Paragraph, the
authority has good and marketable title to the property.
(e) That all existing recorded and unrecorded interests in that property are
extinguished, except a visible or recorded easement or right-of-way or private deed
restrictions.
(f) A finding that all persons entitled to notice and an opportunity to be heard have
been provided that notice and opportunity. A person shall be deemed to have been provided
notice and an opportunity to be heard if the authority followed the procedures for provision
of notice by mail, by visits to property subject to expedited quiet title and foreclosure, and
by publication under this Subsection, or if one or more of the following apply:
(i) The person had constructive notice of the hearing by acquiring an interest in the
property after the date of the recording, under Paragraph (1) of this Subsection, of the notice
of pending expedited quiet title and foreclosure action.
(ii) The person appeared at the hearing or submitted written objections to the district
court under this Subsection prior to the hearing.
(iii) Prior to the hearing under this Paragraph, the person had actual notice of the
hearing.
(12) Except as otherwise provided in Subparagraph (11)(e) of this Subsection, title
to property set forth in a petition for foreclosure filed under Paragraph (3) of this Subsection
shall vest absolutely in the authority upon the effective date of the judgment by the district
court, and the authority shall have absolute title to the property. The authority's title shall not
be subject to any recorded or unrecorded lien, except as provided in Paragraph (11) of this
Subsection, and shall not be stayed or held invalid, except as provided in Paragraph (13) of
this Subsection. A judgment entered under this Subsection is a final order with respect to
the property affected by the judgment and shall not be modified, stayed, or held invalid after
the effective date of the judgment, except as provided in Paragraph (13) of this Subsection.
(13) The authority or a person claiming to have a property interest under Paragraph
(2) of this Subsection in property foreclosed under this Subsection may, within twenty-one
days of the effective date of the judgment under Paragraph (11) of this Subsection, appeal
the district court's order or the district court's judgment foreclosing property to the court of
appeals. The appeal of the judgment shall be entitled to preference and priority and shall be
handled on an expedited basis by the court of appeal and, if applicable, the Louisiana
Supreme Court. In such cases, the record shall be prepared and filed within fifteen days of
the granting of the order of appeal. The court of appeal shall hear the case within thirty days
after the filing of the appellee's brief. An appeal under this Paragraph is limited to the record
of the proceedings in the district court under this Subsection. The district court's judgment
foreclosing property shall be stayed until the court of appeals has reversed, modified, or
affirmed that judgment. If an appeal under this Paragraph stays the district court's judgment
foreclosing property, the district court's judgment is stayed only as to the property that is the
subject of that appeal, and the district court's judgment foreclosing other property that is not
the subject of that appeal is not stayed. To appeal the district court's judgment foreclosing
property, a person appealing the judgment shall pay to the authority any taxes, interest,
penalties, and fees due on the property and provide notice of the appeal to the authority
within twenty-one days after the district court's judgment becomes effective. If the district
court's judgment foreclosing the property is affirmed on appeal, the amount determined to
be due shall be refunded to the person who appealed the judgment. If the district court's
judgment foreclosing the property is reversed or modified on appeal, the authority shall
refund the amount determined to be due to the person who appealed the judgment, if any, and
forward the balance to the appropriate taxing jurisdictions in accordance with the order of
the court of appeals.
(14) The authority shall record a notice of judgment for each parcel of foreclosed
property in the office of the register of conveyances. If the authority records a notice of
judgment in error, the authority may subsequently record a certificate of correction. A notice
or certificate under this Paragraph need not be notarized and may be authenticated by a
digital signature or other electronic means. After the entry of a judgment foreclosing the
property under this Subsection, if the property has not been transferred by the authority, the
authority may cancel the foreclosure by recording with the register of conveyances a
certificate of error, if the authority discovers any of the following:
(a) The description of the property used in the expedited quiet title and foreclosure
proceeding was so indefinite or erroneous that the foreclosure of the property was void.
(b) An owner of an interest in the property entitled to notice of the expedited quiet
title and proceedings against the property under this Subsection was not provided notice
sufficient to satisfy the minimum due process requirements of the Constitution of Louisiana
and the Constitution of the United States.
(c) A judgment of foreclosure was entered under this Subsection in violation of an
order issued by a United States bankruptcy court.
(15) If a judgment of foreclosure is entered under Paragraph (11) of this Subsection,
and all existing recorded and unrecorded interests in a parcel of property are extinguished as
provided in Paragraph (11) of this Subsection, the owner of any extinguished recorded or
unrecorded interest in that property who claims that he did not receive notice of the expedited
quiet title and foreclosure action shall not bring an action for possession of the property
against any subsequent owner but may only bring an action to recover monetary damages
from the authority as provided in this Paragraph. The district court has original and
exclusive jurisdiction in any action to recover monetary damages under this Paragraph. An
action to recover monetary damages under this Paragraph shall not be brought more than two
years after a judgment for foreclosure is entered under Paragraph (11) of this Subsection.
Any monetary damages recoverable under this Paragraph shall be determined as of the date
a judgment for foreclosure is entered under Paragraph (11) of this Subsection and shall not
exceed the fair market value of the interest in the property held by the person bringing the
action under this Subsection on that date, less any taxes, interest, penalties, and fees owed
on the property as of that date. The right to sue for monetary damages under this Paragraph
shall not be transferable except by testate or intestate succession.
(16) The owner of a property interest with notice of the quiet title and foreclosure
hearing under Paragraph (11) of this Subsection may not assert any of the following:
(a) That notice to the owner was insufficient or inadequate in any way because some
other owner of a property interest in the property was not notified.
(b) That any right to redeem tax reverted property was extended in any way because
some other person was not notified.
(17) A person holding or formerly holding an interest in tax reverted property subject
to expedited foreclosure under this Subsection is barred from questioning the validity of the
expedited foreclosure under this Subsection.
(18) The failure of the authority to comply with any provision of this Subsection
shall not invalidate any proceeding under this Subsection if a person with a property interest
in property subject to foreclosure was accorded the minimum due process required under the
Constitution of Louisiana and the Constitution of the United States.
(19) It is the intent of the legislature that the provisions of this Subsection relating
to the expedited quiet title and foreclosure of property by the authority satisfy the minimum
requirements of due process required under the Constitution of Louisiana and the
Constitution of the United States but that the provisions do not create new rights beyond
those required under the Constitution of Louisiana or the Constitution of the United States.
The failure of the authority to follow a requirement of this Section relating to the expedited
quiet title and foreclosure of property held by the authority shall not be construed to create
a claim or cause of action against the authority unless the minimum requirements of due
process accorded under the Constitution of Louisiana or the Constitution of the United States
are violated.
(20) As used in this Subsection, "authorized representative" includes one or more of
the following:
(a) A title insurance company or agent licensed to conduct business in this state.
(b) An attorney licensed to practice law in this state.
(c) A person accredited in land title search procedures by a nationally recognized
organization in the field of land title searching.
(d) A person with demonstrated experience in the field of searching land title
records, as determined by the authority.
(21) As used in this Subsection, "district court" shall mean the Nineteenth Judicial
District Court.
NOTE: See Acts 2009, No. 45, §2, relative to retroactivity of Act and reports
pursuant to Paragraph (K)(7).

Legislative History

Acts 2007, No. 417, §2, eff. July 10, 2007; Acts 2008, No. 891, §§1, 3, eff. July 9, 2008; Acts 2009, No. 45, §1, eff. June 15, 2009; Acts 2013, No. 220, §12, eff. June 11, 2013; Acts 2020, No. 291, §1, eff. June 12, 2020.