§ 38:291 — Naming; limits of districts; composition of boards
§291. Naming; limits of districts; composition of boards A. Atchafalaya Basin Levee District.
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§291. Naming; limits of districts; composition of boards
A. Atchafalaya Basin Levee District. (1) On July 1, 1997, and continuing thereafter,
the parishes and parts of parishes, except St. Mary Parish, south of Old River, and between
the Mississippi River and Lafourche Bayou on the east, and a line drawn along the north
boundary of St. Martin Parish from the Atchafalaya River on the east to Bayou Teche on the
west, thence down Bayou Teche to the Atchafalaya River, and thence down the Atchafalaya
River to its mouth, and also excepting all the property within the parish of Lafourche and
Terrebonne and within the present corporate limits of the municipality of New Iberia,
namely: the parishes of Pointe Coupee, West Baton Rouge, and parts of the parishes of
Iberville, Ascension, Assumption, St. Martin, and Iberia, with the additional following
territory: a strip of land in St. Landry Parish lying between Bayou Courtableau on the
northeast, and the Atchafalaya River on the east, the parish line of St. Martin on the south,
and Bayou Teche on the west, shall be embraced in the limits of a levee district to be known
as the Atchafalaya Basin Levee District. These lands and all property thereon situated, not
exempt from taxation, shall be subject to the provisions of this Chapter.
(2) In accordance with the provisions of R.S. 38:304 the governor shall appoint
thirteen persons to serve as levee commissioners as follows:
(a) One member appointed from Ascension Parish.
(b) One member appointed from Assumption Parish.
(c) One member appointed from Iberia Parish.
(d) Three members appointed from Iberville Parish.
(e) Two members appointed from Pointe Coupee Parish.
(f) One member appointed from St. Landry Parish.
(g) Two members appointed from St. Martin Parish.
(h) Repealed by Acts 2007, No. 259, §2, eff. July 1, 2007.
(i) Two members appointed from West Baton Rouge Parish.
(j) Repealed by Acts 1997, No. 1407, §3, eff. July 15, 1997.
(3) In cases where only a portion of a parish lies within the district, the members
appointed from that parish shall be residents and qualified voters of that portion of the parish
which lies within the district, except in St. Martin and St. Landry Parishes, the members
appointed shall represent the entire parish and shall not be required to be residents and
qualified voters of those portions of St. Martin and St. Landry Parishes which lie within the
district.
(4) All appointments to the board shall be submitted to the Senate for confirmation.
B. Bossier Levee District. (1) All alluvial lands in Bossier Parish and all lands
subject to or liable to overflow from the Red River, its tributaries or outlets, south of the line
dividing the north half from the south half of T20N between the Red River and the hills or
uplands which border the alluvial lands on the east; being situated in Townships 15, 16, 17,
18, 19 and the south half of 20N-R11, 12, 13 and 14W; and all lands located within the
watershed of Cypress Bayou lying below the elevation of 187.5 feet above MSL north of the
centerline of the dam constructed on Cypress Bayou in Section 12, T19N-R13W, and Section
7, T19N-R12W; and all lands located within the watershed of Black Bayou lying below the
elevation of 190.3 feet above MSL north and west of the centerline of the dam constructed
on Black Bayou in Sections 11, 12 and 14, T19N-R13W; also, the alluvial lands on the left
descending bank of the Red River above Loggy Bayou and within Ward 8 (1974 boundaries)
of Red River Parish, which are subject to overflow from the Red River, its tributaries or
outlets shall be embraced in the limits of a levee district to be known as the Bossier Levee
District. These lands and all property thereon situated, not exempt from taxation, shall be
subject to the provisions of this Chapter. The total area of the district is one hundred fifty-seven thousand acres, of which one hundred fifty-three thousand acres are in Bossier Parish,
and four thousand acres are in Red River Parish.
(2) The governor shall appoint in accordance with the provisions of R.S. 38:304 nine
persons: four persons from Ward 2 of Bossier Parish; four persons from Wards 1 and 4 of
Bossier Parish; and one person, as an at-large member, from any ward within the parish to
serve as levee commissioners.
C. Caddo Levee District. (1) All that portion of the alluvial lands and all lands
subject to or liable to overflow in the parish of Caddo embraced and situated within the
following described boundaries: All alluvial lands and all lands subject to or liable to
overflow from the waters of Red River or its tributaries or its outlets on the west side of Red
River south of the Arkansas state line, and between Red River and the Texas state line; the
alluvial land and lands subject to or liable to overflow from the waters of Red River or its
tributaries or its outlets situated in T17, 18, 19, 20, 21, 22, 23N-R13, 14, 15, 16W, not
including lands within the historical boundaries of the city of Shreveport as they existed on
July 6, 1892, and all alluvial lands and all lands subject to or liable to overflow from the
waters of Red River or its tributaries or outlets on the west side of Red River in the parish
of Caddo between Red River and the western boundary of said Caddo Parish situated in T15,
16, 17N-R11, 12, 13W; and all alluvial land and all lands subject or liable to overflow from
the waters of Bayou Pierre or Red River, their tributaries and outlets on the west side of
Bayou Pierre, south of the confluence of Wallace Bayou and Bayou Pierre, and north of
T14N-R12W, situated in Sections 17, 18, 19, 20, 29, 31 and 32, T15N-R12W, DeSoto
Parish, Louisiana, are incorporated into a levee district to be known as the Caddo Levee
District. These lands and all property thereon situated, not exempt from taxation, shall be
subject to the provisions of this Chapter.
(2) The governor shall appoint in accordance with the provisions of R.S. 38:304
seven persons to serve as levee commissioners, all of whom are residents of and qualified
voters of Caddo Parish.
D. East Jefferson Levee District. (1) All the land in the parish of Jefferson lying on
the east side of the Mississippi River shall constitute a levee district to be known as the East
Jefferson Levee District. These lands and all property thereon situated, not exempt from
taxation, shall be subject to the provisions of this Chapter.
(2) On and after January 1, 2007, the district shall be governed by the board of
commissioners of the Southeast Louisiana Flood Protection Authority-East pursuant to
authority granted by Article VI, Sections 38 and 38.1 of the Constitution of Louisiana and
as provided in this Chapter.
(3) Repealed by Acts 2006, 1 st Ex. Sess., No. 1, §4, eff. Jan. 1, 2007.
E. Fifth Louisiana Levee District. (1) All the lands in the parishes of East Carroll,
Madison, Tensas, and Concordia shall be embraced in the limits of a levee district to be
known as the Fifth Louisiana Levee District. These lands and all property thereon situated,
not exempt from taxation, shall be subject to the provisions of this Chapter.
(2) The governor shall appoint in accordance with the provisions of R.S. 38:304 two
persons for each of the parishes embraced in the levee district to serve as levee
commissioners.
F. Lafourche Basin Conservation Levee and Drainage District. (1) All of the parishes
or parts of parishes, except the parishes of Lafourche, Orleans, Jefferson, and Plaquemines,
lying in a district between the Bayou Lafourche, the Mississippi River, and the Gulf of
Mexico, heretofore known as the Third Levee District and comprising a portion of the
following parishes: Ascension, St. James, St. John the Baptist, St. Charles, and Assumption
shall be embraced in the limits of a levee district to be known as the Lafourche Basin
Conservation Levee and Drainage District.
(2) In accordance with the provisions of R.S. 38:304, the governor shall appoint
eleven persons from each parish or part of a parish in the district to serve as levee
commissioners as follows:
(a) One member appointed from Ascension Parish.
(b) One member appointed from Assumption Parish.
(c) One member appointed from St. James Parish.
(d) One member appointed from St. John the Baptist Parish.
(e) Two members appointed from St. Charles Parish.
(f) Five members to be appointed from the district at large.
(g) Repealed by Acts 2006, 1 st Ex. Sess., No. 32, §2, eff. Jan. 1, 2007.
G. Lake Borgne Basin Levee District. (1) All the territory contained within the
parish of St. Bernard shall be embraced in the limits of a levee district to be known as the
Lake Borgne Basin Levee District. These lands and all property thereon situated, not exempt
from taxation, shall be subject to the provisions of this Chapter.
(2) On and after January 1, 2007, the district shall be governed by the board of
commissioners of the Southeast Louisiana Flood Protection Authority-East pursuant to
authority granted by Article VI, Sections 38 and 38.1 of the Constitution of Louisiana and
as provided in this Chapter.
H. Natchitoches Levee and Drainage District. (1) All of the alluvial lands in the
parish of Natchitoches on the right descending bank of Red River which are subject to
overflow from the waters of Red River, Bayou Pierre, and Old River shall be embraced in
the limits of a levee and drainage district to be known as the Natchitoches Levee and
Drainage District. Any lands or portions of lands that have been overflowed by such waters
or back waters since the year 1926 shall be deemed to be subject to overflow. All lands lying
below the contour line of 135 feet above mean sea level shall be deemed subject to overflow.
Any and all other lands within the parish of Natchitoches on the right descending bank of
Red River subject to overflow by the Red River and its tributaries shall also be included. All
of the alluvial lands in the Parish of Natchitoches on the left descending bank of Red River,
which are subject to overflow from the waters of Red River or any of its tributaries or outlets.
Any lands or portions of lands that have been overflowed by such waters, or backwaters,
since the year 1926, shall be deemed to be subject to overflow. All lands lying below the
contour line of 135 feet above mean sea level shall ipso facto be deemed subject to overflow.
These lands and all property thereon situated, not exempt from taxation, shall be subject to
the provisions of this Part.
(2) The governor shall appoint in accordance with the provisions of R.S. 38:304
eight persons residing within the parish of Natchitoches to serve as levee commissioners.
I. Nineteenth Louisiana Levee District. (1) All of the alluvial land subject to
overflow on the left descending bank of the Red River in Grant Parish and all of the alluvial
land subject to overflow along the tributaries of the Red River in Grant Parish downstream
from the mouth of Bayou Nantachie shall compose a levee district to be known as Nineteenth
Louisiana Levee District. The total area of the district is sixty-seven thousand four hundred
acres. These lands and all property thereon situated, not exempt from taxation, shall be
subject to the provisions of this Chapter.
(2) The governor shall appoint in accordance with the provisions of R.S. 38:304
three persons to serve as levee commissioners.
J. North Bossier Levee and Drainage District. (1) All that portion of the alluvial
lands in the parish of Bossier embraced and situated within the following described
boundaries: All alluvial lands and all lands subject to or liable to overflow from the waters
of Red River or its tributaries or outlets, bounded on the north by the Arkansas and Louisiana
state line, on the east by the hills or uplands, on the south by the southern boundary line of
section 9, 10, 11, and 12 of T22N-R14W, and on the west by Red River, being all the lands
of T23N-R14W within the parish of Bossier, and all those portions of T23N-R13W, of
T22N-R13W and T22N-R14W, north of the section line bounding sections 9, 10, 11 and 12
as before mentioned, in the parish of Bossier, subject to the overflow from Red River or its
tributaries, containing twenty-one thousand one hundred and fifty three acres more or less,
are incorporated into a levee and drainage district, to be known as the North Bossier Levee
and Drainage District. These lands and all property thereon situated shall be subject to the
provisions of this Chapter.
(2) The district shall be governed by a board of three commissioners appointed by
the governor in accordance with the provisions of R.S. 38:304.
(3) Any books, records, documents, funds, movable or immovable property, lands,
rights-of-way, servitudes or other assets, whether real or personal, tangible or intangible,
which are owned or held by the former North Bossier Levee District on August 15, 2009 are
hereby granted, conveyed, transferred, and to be delivered no later than August 30, 2009 to
the North Bossier Levee and Drainage District for the use and benefit of the new levee and
drainage district, without the necessity of any other act or instrument of grant, conveyance,
transfer, or delivery.
K. Orleans Levee District. (1) The Orleans Levee District as it exists on the date
that it complies with R.S. 38:330.8(B)(4) is reorganized as provided by this Paragraph and
as provided by Paragraph (X)(1) of this Section. The portion of the parish of Orleans on the
east side of the Mississippi River is formed into a political subdivision and public levee
district, to be known as the Orleans Levee District. These lands and all property thereon
situated, not exempt from taxation, shall be subject to the provisions of this Chapter.
(2) The district shall be governed by the board of commissioners of the Southeast
Louisiana Flood Protection Authority-East pursuant to authority granted by Article VI,
Sections 38 and 38.1 of the Constitution of Louisiana and as provided in this Chapter.
L. Pontchartrain Levee District. (1) All that part of the parish of East Baton Rouge
lying south of the city of Baton Rouge, and all those parts of the parishes of Iberville,
Ascension, St. James, St. John the Baptist, and St. Charles, lying east of the Mississippi
River shall constitute a levee district to be known as the Pontchartrain Levee District. These
lands and all property thereon situated, not exempt from taxation, shall be subject to the
provisions of this Chapter.
(2) The governor shall appoint, in accordance with the provisions of R.S. 38:304, one
person for each of the parishes embraced in the levee district, one person residing within the
district and also one representative of the Louisville, New Orleans, and Texas Railway
Company and one representative of the Illinois Central Railroad Company.
M. Red River, Atchafalaya, and Bayou Boeuf Levee District. (1) The territory
contained in the following boundaries shall be known as the Red River, Atchafalaya, and
Bayou Beouf Levee District: Beginning at the junction of the Red and Atchafalaya Rivers
in the parish of Avoyelles, on the east then following the Atchafalaya River, to the mouth of
Courtableau in the parish of St. Landry, then following Bayou Courtableau and Bayou Beouf
to the line of the parish of Rapides, and all territory subject to overflow contained in the
parishes of Avoyelles and Rapides, as well as that included in the described limits situated
in the parish of St. Landry, including particularly the following:
(a) All that portion of alluvial lands in the parish of Avoyelles embraced and situated
within the following described boundaries: All the territory in Avoyelles Parish consisting
of alluvial lands subject to overflow, bounded by Red River, the Atchafalaya River, Bayou
des Glaizes, and the public road running from David's Ferry, on Red River, to Bayou des
Glaizes, by way of Marksville, Mansura, and the Long Bridge at Bout de Bayou;
(b) All that portion of the alluvial lands in the parish of Avoyelles lying north of the
Red River and situated within the following described boundaries, namely: All the territory
in Avoyelles Parish, consisting of the alluvial lands subject to overflow and embraced within
the following limits: beginning at Cassandria on the line between sections 44 and 50,T3N-R3E, thence down Red River to Saline Bayou; thence following the Saline Bayou, Saline
Lake, and Horespan Creek to Line between sections 17 and 18, T4N, R3E; thence south to
the Point Maigre Hills and following the east edge of the hills to point of beginning;
(c) All the area in the parish of Rapides lying between Red River, Bayou Rapides,
and Bayou Jean de Jean, and also there shall be included within the Red River, Atchafalaya,
and Bayou Beouf Levee District all of the property included within the corporate limits of
the town of Pineville, Rapides Parish, Louisiana, whether the same is actually subject to
overflow or not;
(d) All the alluvial land now subject to overflow, or that has been overflowed,
directly or indirectly, by the waters of the Red River in any year since 1865 on the left
descending bank of Red River situated in the parish of Rapides, having for its northern
boundary the southern boundary of Grant Parish and for its southern or lower boundary, the
hills opposite the left bank of Bayou Rigolette, and following the hills to the upper side of
the St. Louis Iron Mountain and Southern Railway right of way and following the right of
way to Red River.
(e) There shall be excluded from the limits of the levee district the following: All
that portion of St. Landry Parish lying west of the Atchafalaya River main levee and east of
the west guide levee of the West Atchafalaya Floodway as now established extending from
Avoyelles Parish line on the north to Bayou Courtableau on the south, with the exception of
rights of way and other property belonging to railroads, pipelines, common carriers, or other
public utilities. These lands and all property thereon situated, not exempt from taxation,
shall be subject to the provisions of this Chapter.
(2)(a) Effective August 1, 2024, notwithstanding any provision of law to the
contrary, the governor shall appoint, subject to Senate confirmation, a board of
commissioners consisting of five individuals from the district selected as follows:
(i) Two members nominated by the members of the legislative delegation
representing Rapides Parish.
(ii) One member nominated by the members of the legislative delegation
representing Avoyelles Parish.
(iii) One member nominated by the members of the legislative delegation
representing St. Landry Parish.
(iv) One at-large member, from Rapides Parish, nominated by the Louisiana Farm
Bureau Federation.
(b) At least one member of the board of commissioners from Rapides Parish,
confirmed by the Senate, shall be a minority.
(3) Each board member shall be a citizen of the United States and a resident within
the district of the parish for at least one year preceding the date of confirmation and shall
remain a resident in the jurisdiction during the entirety of his 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 board of
commissioners' authority as set forth in R.S. 38:292(A)(2).
(4) Any vacancy that occurs prior to the expiration of a term shall be filled for the
remainder of the unexpired term in the same manner that the predecessor appointee was
selected within thirty days after receipt by the president of written notification of the board
vacancy. In the event that the vacancy is not filled within thirty days after receipt of written
notification of the vacancy, the board shall appoint an interim successor to serve on the board
until the position is filled in the same manner as the original appointment.
(5) All actions of a board shall be approved by the affirmative vote of a majority of
the members of the 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 conducting the levee
district's business.
(b) Adoption of motion or resolution.
(c) Hiring or firing of an executive director.
(d) The incurring of debt.
(e) Levy of taxes.
(f) Adoption or amendment of the budget.
(g) Sale, lease, encumbrance, or alienation of real property or any developments or
improvements of property.
(h) Appointment of interim members.
(6)(a) Effective June 1, 2024, and notwithstanding the provisions of R.S. 38:304(C),
the position of president and vice president shall rotate every year with commissioners
selected from the parishes of Avoyelles, Rapides, and St. Landry, allowing for equal
representation from each parish.
(b) In the case of absence, inability, or failure to act of the president within his
one-year term as president, the position of president shall be filled by the other member
selected from the same parish in order to complete the remainder of that term of the office
of the president.
N. Red River Levee and Drainage District. (1) The alluvial land subject to overflow
from the Red River, its tributaries and outlets, and on the right descending bank of the Red
River within the parishes of DeSoto and Red River, and constituting a part of the Bayou
Pierre Basin, except that portion of DeSoto Parish north of the south line of Tl5N, and the
alluvial lands on the left descending bank of the Red River below Loggy Bayou and within
Wards 1, 7 and 8 (1974 boundaries) of Red River Parish, which are subject to overflow from
the Red River, its tributaries or outlets shall be embraced within the limits of a levee and
drainage district to be known as the Red River Levee and Drainage District. The total area
of the district is one hundred thirty-one thousand one hundred acres, of which twenty-two
thousand one hundred acres are on the left descending bank, and one hundred nine thousand
acres are on the right descending bank. These lands and all property thereon situated, not
exempt from taxation, shall be subject to the provisions of this Chapter.
(2) The governor shall appoint in accordance with the provisions of R.S. 38:304 five
persons, three residing within the district on the west bank of the Red River and one residing
within the district on the east bank of the Red River and within the territory comprising the
former Coushatta-Red River Levee District and one residing within the district on the east
bank of the Red River and within that portion of the territory formerly a part of the
Nineteenth Louisiana Levee and Drainage District, which territories are now included in the
Red River Levee and Drainage District, to serve as levee commissioners.
O. Repealed by Acts 1997, No. 1116, §2.
P. South Lafourche Levee District. (1) That portion of the parish of Lafourche
bounded on the south by the southern boundary of the state of Louisiana and bounded on the
north by the south bank of the Intracoastal Canal shall be embraced within the limits of a
levee district to be known as the South Lafourche Levee District. These lands and all
property thereon situated, not exempt from taxation, shall be subject to the provisions of this
Chapter.
(2) Following January 12, 2004, the governor shall appoint, subject to Senate
confirmation, a board of commissioners consisting of nine persons from the district selected
as follows:
(a) Three members nominated by the member of the Senate representing Senate
District Twenty.
(b) Three members nominated by the member of the House of Representatives
representing House District Fifty-four.
(c) The president of Lafourche Parish shall submit three nominations, subject to
ratification by the governing authority of Lafourche Parish, and the governor shall appoint
one member from the list.
(d) The mayor of the town of Golden Meadow shall submit three nominations,
subject to ratification by the governing authority of Golden Meadow, and the governor shall
appoint one member from the list.
(e) The board of commissioners of the Greater Lafourche Port Commission shall
submit three nominations, each selected by a majority vote of the board of commissioners,
and the governor shall appoint one member from the list.
(f) In the event nine commissioners are not appointed within sixty days of the
beginning of the term or a vacancy pursuant to the foregoing, then another list of nominations
selected by a majority of the members of the legislature representing the district shall be
submitted, and the governor shall appoint the remaining required commissioner from the list
to bring the total number of commissioners to nine.
(3) All lands, rights-of-way, servitudes, and revenues therefrom which are located
within the South Lafourche Levee District and which are owned or held by the Atchafalaya
Basin Levee District on August 15, 1997 are hereby granted, conveyed, transferred, and
delivered to the South Lafourche Levee District without the necessity of any other act or
instrument of grant, conveyance, transfer, or delivery. For the purpose of providing evidence
of the grant, conveyance, transfer, and delivery effected by this Paragraph, the Atchafalaya
Basin Levee District shall execute an act setting forth the grant, conveyance, transfer, and
delivery of those lands, rights-of-way, servitudes, and revenues therefrom to the South
Lafourche Levee District. That act shall be executed no later than the thirtieth day after
August 15, 1997.
(4) On and after January 12, 2004, a vacancy created whether by reason of death,
resignation, expiration of term, or any other cause of a member of the board of
commissioners shall be filled in the same manner as provided in Paragraph (2) of this
Subsection.
Q. Tensas Basin Levee District. (1) The parishes of Morehouse, West Carroll,
Richland, Franklin, Catahoula, LaSalle, and all that portion of the parishes of Ouachita and
Caldwell east of the Ouachita River, and that portion of the parish of Caldwell, west of the
Ouachita River, and within the corporate limits of the town of Columbia, as shown by the
survey and plat of the corporate limits of record on page 292, in conveyance book 30, of the
records of Caldwell Parish, and that portion of the parishes of Ouachita and Caldwell west
of the Ouachita River described as follows:
"Beginning at a point on the west bank of the Ouachita River in section 39, T18N-R3E Ouachita Parish, Louisiana; the point being located where the center line of the
Arkansas Road extended in an easterly direction intersects the west top bank of the Ouachita
River; thence north 76 degrees 1' west a distance of 147.0 feet; thence north 32 degrees 6'
west a distance of 2125.3 feet; thence south 61 degrees 32' west a distance of 2240 feet; more
or less to the intersection of Arkansas Road and the center line of the Victory Gravel
Company's railroad right of way; thence south along the center line of the right of way to its
intersection with the Monroe-Ruston Federal Aid Highway No. 80; thence along the Federal
Aid Highway No. 80 a distance of 6,000 feet, more or less to the center of section 28, T18N-R3E; thence south along the eastern boundary of the southwest quarter of section 28 and the
west half of section 33 to the southeast corner of the west half of section 33, T18N-R3E;
thence south along the eastern boundary of the west half of section 4, T17N-R3E, to the
southeast corner of the west half of said section 4; thence south along the eastern boundary
of the northeast quarter of the northwest quarter section 9, T17N-R3E, to the southeast corner
of said quarter section; thence south along the eastern boundary of the southeast quarter of
the northwest quarter of section 9 a distance of 77.1 feet to the center line of the proposed
West Monroe south levee; thence south eighty-three degrees 6' east along center line of
proposed levee a distance of 3901.7 feet to the center line of Louisiana State Highway No.
200; thence north and northeast along Highway No. 200 to its intersection with the west high
bank of Black Bayou; thence, meandering along the west bank of Black Bayou, and in a
southeasterly direction to a point on the west line of the northeast quarter of the southeast
quarter of section 3, T17N-R3E; thence south and along the west line of the northeast quarter
of the southeast quarter of section 3, T17N-R3E; and south along the west line of the
southeast quarter of the southeast quarter of section 3, T17N-R3E, to the north line of section
10, T17N-R3E; thence south along the eastern boundary of the northwest quarter of the
northeast quarter of section 10, T17N-R3E to the southeast corner of the said quarter section;
thence south along the eastern boundary of the southwest quarter of the northeast quarter of
section 10, a distance of 29.9 feet to the center line of the proposed West Monroe south
levee; thence north 50 degrees 22' east a distance of 1658.6 feet; thence north 57 degrees 5'
east a distance of 743.83 feet; thence north 33 degrees 9' east a distance of 680.74 feet;
thence north 53 degrees 59' east a distance of 819.84 feet; thence north 19 degrees 9' east a
distance of 813.04 feet; thence north 52 degrees 54' east a distance of 1004.03 feet; thence
north 42 degrees 55' east a distance of 1085.94 feet; thence south 80 degrees 53' east a
distance of 2184.23 feet; thence south 49 degrees 11' east a distance of 559.61 feet; thence
south 75 degrees 33' east, a distance of 2340 feet; more or less, to the west bank of the
Ouachita River; thence northerly along the west bank of the Ouachita River to the point of
beginning, and that portion of section 54, T17N-R3E lying west of the north half of section
16, and the southwest quarter of the southwest quarter and the south half of the northwest
quarter of the southwest quarter of section 9 and having a width of 660 feet; the east half of
the southeast quarter of the northwest quarter, the northeast quarter of the northeast quarter
of the southwest quarter, the south half of the northwest quarter of the southwest quarter, the
south half of the southwest quarter, the southeast quarter, and that portion of the south half
of the northeast quarter south of the present levee in section 9, T17N-R3E; that portion of
the south half of the northwest quarter south of the present levee, that portion of the
southwest quarter of the northeast quarter south of the present levee, the southwest quarter,
the west half of the southeast quarter, and the west half of the southeast quarter of the
southeast quarter of section 10, T17N-R3E; the northwest quarter of the northeast quarter of
the northeast quarter, the northwest quarter of the northeast quarter, the north half of the
northwest quarter, the southwest quarter of the northwest quarter, the north half of southeast
quarter of northwest quarter, the north half of northwest quarter of the southwest quarter in
section 15 T17N-R3E; the north half and north half of south half of section 16, T17N-R3E;
north half of the southeast quarter, and southeast quarter of the southeast quarter; and Lots
3 and 4 in section 14; Lots 3, 4, 5, 6, and 7, and the southwest quarter of the southwest
quarter of section 13; the north half of the northeast quarter of section 23; and the northwest
quarter of section 24; the northeast quarter of the southwest quarter; and Lots 2, 3, 5 and 6
of section 24, T14N-R3E, north half of northwest quarter of section 23, and south half of
southwest quarter of section 14, T14N-R3E, Louisiana meridian, containing 159 acres; less
and except that certain 125 acres of land sold by mortgagor to Monroe Jarrell, in deed dated
June 5, 1920, and recorded in Conveyance Book Z, page 442, records of Caldwell Parish,
Louisiana, containing 34 acres, more or less; southwest quarter of southeast quarter, section
14, T14N-R3E, east half of southeast quarter, section 23; west half of southwest quarter and
southeast quarter of southwest quarter, section 24; Lot 1, northwest quarter of northeast
quarter and southeast quarter of northeast quarter, section 25, T14N-R3E, sections 15, 16,
21, 22, 27 and 28 of T13N-R4E, Caldwell Parish, Louisiana" shall be embraced in the limits
of a levee district to be known as the Tensas Basin Levee District. These lands and all
property thereon situated, not exempt from taxation, shall be subject to the provisions of this
Chapter. The board of commissioners of the district shall be domiciled in Rayville,
Louisiana.
(2) The governor shall appoint, in accordance with the provisions of R.S. 38:304, one
person from each of the parishes embraced within the district. In addition to the above
commissioners, two commissioners shall be appointed from Ouachita Parish and one
member at large from the district.
R. West Jefferson Levee District. (1) The West Jefferson Levee District as it existed
on January 1, 2007, is reorganized as provided by this Paragraph and as provided by
Paragraph (Y)(1) of this Section. All lands in the parish of Jefferson lying north of Latitude
29° 47' 00" N and on the west side of the Mississippi River, except that area of land
contained in the Lafitte Area Independent Levee District, shall constitute a levee district to
be known as the West Jefferson Levee District. These lands and all property thereon situated,
not exempt from taxation, shall be subject to the provisions of this Chapter.
(2) On and after January 1, 2007, the district shall be governed by the board of
commissioners of the Southeast Louisiana Flood Protection Authority-West Bank pursuant
to authority granted by Article VI, Sections 38 and 38.1 of the Constitution of Louisiana and
as provided in this Chapter.
S. Grand Isle Independent Levee District. (1) All the land in the parish of Jefferson
lying south of Latitude 29° 17' 52" N on the west side of the Mississippi River shall
constitute a levee district to be known as the Grand Isle Independent Levee District. These
lands and all the property thereon situated, not exempt from taxation, shall be subject to the
provisions of this Chapter. The board of commissioners of the district shall be domiciled in
Grand Isle, Louisiana.
(2) The governor shall appoint, in accordance with the provisions of R.S. 38:304,
subject to Senate confirmation, three persons to serve as levee commissioners.
T. North Lafourche Conservation, Levee and Drainage District. (1) That portion of
the parish of Lafourche lying north of the northern bank of the Intracoastal Canal shall be
embraced within the limits of a levee district to be known as the North Lafourche
Conservation, Levee and Drainage District. These lands, and all property thereon situated,
not exempt from taxation, shall be subject to the provisions of this Chapter.
(2)(a) The governor shall appoint, subject to Senate confirmation, a board of
commissioners from the parish of Lafourche selected as follows:
(i) Each of the state legislators representing any part of the district shall submit
nominations, and the governor shall appoint one member from each such list of nominees.
(ii) The president of Lafourche Parish shall submit five nominations, subject to
ratification by the governing authority of Lafourche Parish, and the governor shall appoint
two members from the list.
(iii) The mayor of Thibodaux shall submit three nominations, subject to ratification
by the governing authority of Thibodaux, and the governor shall appoint one member from
the list.
(iv) The mayor of Lockport shall submit three nominations, subject to ratification
by the governing authority of Lockport, and the governor shall appoint one member from the
list.
(b) The term of office of any commissioner appointed pursuant to Subparagraph (a)
of this Paragraph shall cease when his successor is appointed and takes office.
(c) In the event all commissioners are not appointed within sixty days of the
beginning of the term or the occurrence of a vacancy, then another list of nominations
selected by a majority of the members of the legislature representing the district shall be
submitted, and the governor shall appoint the remaining required commissioner or
commissioners to provide for the total number of commissioners required by Subparagraph
(a) of this Paragraph.
(d) Excluding any vacancies on the board, a majority of the appointed commissioners
shall constitute a quorum for the transaction of business of the commission.
(3) All lands, rights-of-way, servitudes, and revenues therefrom which are located
within the North Lafourche Conservation, Levee and Drainage District and which are owned
or held by the Atchafalaya Basin Levee District on August 15, 1997 are hereby granted,
conveyed, transferred, and delivered to the North Lafourche Conservation, Levee and
Drainage District without the necessity of any other act or instrument of grant, conveyance,
transfer, or delivery. For the purpose of proving evidence of the grant, conveyance, transfer,
and delivery effected by this Paragraph, the Atchafalaya Basin Levee District shall execute
an act setting forth the grant, conveyance, transfer, and delivery of those lands, rights-of-way,
servitudes, and revenues therefrom to the North Lafourche Conservation, Levee and
Drainage District. That act shall be executed no later than the thirtieth day after August 15,
1997.
(4) A vacancy created whether by reason of death, resignation, expiration of term,
or any other cause of a member of the board of commissioners shall be filled in the same
manner as provided in Paragraph (2) of this Subsection.
U. Terrebonne Levee and Conservation District. (1) On July 1, 1997, and
continuing thereafter, all lands in the parish of Terrebonne shall constitute a levee district to
be known as the Terrebonne Levee and Conservation District. These lands and all property
thereon situated, not exempt from taxation, shall be subject to the provisions of this Chapter.
The land, including mineral rights, in the possession of the Atchafalaya Basin Levee District
in Terrebonne Parish, for the purposes of ownership and maintenance and operation of the
Atchafalaya Basin Levee District, shall be transferred and conveyed to the Terrebonne Levee
and Conservation District without the necessity of any other act or instrument of grant,
transfer, conveyance, or delivery. For the purpose of proving evidence of the transfer,
conveyance, and delivery effected by this Paragraph, the Atchafalaya Basin Levee District
shall execute an act setting forth the transfer, conveyance, and delivery of those lands,
rights-of-way, servitudes, and revenues therefrom to the Terrebonne Levee and Conservation
District.
(2)(a) The initial board of commissioners shall consist of the current seven
commissioners of the South Terrebonne Parish Tidewater Management and Conservation
District and the seven commissioners of the North Terrebonne Parish Drainage and
Conservation District. Said commissioners shall serve until the governor of the state of
Louisiana takes office in the year 2000 or thereafter until their replacements have been duly
appointed. The initial board of commissioners shall be the taxing authority of the district and
shall distribute funds as provided in R.S. 38:329(J). All other actions shall be decided upon
individually by the boards of commissioners of the South Terrebonne Parish Tidewater
Management and Conservation District and the North Terrebonne Parish Drainage and
Conservation District until the nine members of the board of commissioners of the
Terrebonne Levee and Conservation District are appointed by the governor in the year 2000.
(b) Following the date in the year 2000 when the governor takes office, the governor
shall appoint a board of commissioners consisting of nine members selected as follows:
(i) Each member of the legislative delegation serving any part of the district shall
submit a list of nominations of Terrebonne Parish residents and the governor shall appoint
one member from each legislator's list.
(ii) The Terrebonne Parish president, with the approval of the Terrebonne Parish
Council, shall submit a list of three names of Terrebonne Parish residents residing north of
the Intracoastal Canal and a list of three names of Terrebonne Parish residents residing south
of the Intracoastal Canal, from each of which lists the governor shall appoint one
commissioner.
(iii) The members of the Russell Redmond American Legion Post 272, Kenneth C.
Boudreaux American Legion Post 380, Boquet-Breaux VFW Post 7755, Aswell Picou VFW
Post 9608, and Bourg-Leblanc VFW Post 4752 may each submit one nomination from which
the governor shall appoint one commissioner. In the event that nine commissioners are
appointed notwithstanding the provisions of this Paragraph, then the provisions of this
Paragraph shall not apply.
(c) In the event that there are not appointed nine commissioners pursuant to the
foregoing, then the legislative delegation serving all or any part of the district shall submit
another list of Terrebonne Parish residents from which the governor shall appoint the
remaining required commissioner to bring the total number of commissioners to nine.
(d) Notwithstanding any other law to the contrary, a vacancy now or hereafter created
whether by reason of death, resignation, expiration of term, or any other cause of a member
of the board of commissioners shall be filled in the same manner as provided for the original
appointment in Subparagraph (b) of this Paragraph.
V. St. Tammany Levee, Drainage, and Conservation District. (1) All territory
contained within the parish of St. Tammany within the boundaries of the coastal zone
pursuant to R.S. 49:214.24 shall be embraced in the limits of a levee district to be known as
the St. Tammany Levee, Drainage, and Conservation District. These lands and all property
thereon situated, not exempt from taxation, shall be subject to the provisions of this Chapter.
(2)(a) The district shall be governed by a board of commissioners. Beginning
September 1, 2014, the governor shall appoint a board of commissioners consisting of nine
persons from St. Tammany Parish who meet the requirements of R.S. 38:304(A) as follows:
(i) Each member of the legislative delegation representing any part of the district
shall submit one nomination in writing, and the governor shall appoint four members from
such nominees.
(ii) The president of St. Tammany Parish shall submit a list of three nominations in
writing, subject to ratification by the Parish Council of St. Tammany, and the governor shall
appoint two members from such list of nominees.
(iii) The mayor of the city of Slidell shall submit a list of three nominations in
writing, and the governor shall appoint one member from such list of nominees.
(iv) The mayor of the city of Mandeville shall submit a list of three nominations in
writing, and the governor shall appoint one member from such list of nominees.
(v) The mayor of the town of Madisonville shall submit a list of three nominations
in writing, and the governor shall appoint one member from such list of nominees.
(b) The governor shall appoint from the nominations at least four members who are
residents of the unincorporated areas of the district.
(c) All members appointed shall be subject to confirmation by the Senate.
(3)(a) On and after August 1, 2014, a vacancy created whether by reason of death,
resignation, expiration of term, or any other cause of a member of the board shall be filled
in the same manner as provided in Paragraph (2) of this Subsection, provided that a member
appointed to fill a vacancy shall serve only for the unexpired term of his predecessor.
(b) If any official responsible for submitting a nominee fails to submit such nominees
within ninety days after the occurrence of a vacancy, the governor shall appoint a person
meeting the requirements of this Section.
(4)(a) Commissioners shall serve concurrently with the governor and shall serve at
the pleasure of the governor.
(b) Commissioners shall be subject to term limitations as provided in R.S. 42:3.2,
except that a person who is appointed to fill more than one-half of an unexpired term may
serve consecutively no more than three terms in addition to such partial term.
(5) Repealed by Acts 2017, No. 42, §1, eff. June 3, 2017.
(6) The governor or the nominating entity may remove a commissioner for neglect
of his duties, which shall include a violation of state law or public policy of the state.
W. Tangipahoa Levee District. (1) All territory contained within the parish of
Tangipahoa within the boundaries of the coastal zone pursuant to R.S. 49:214.24 shall be
embraced in the limits of a levee district to be known as the Tangipahoa Levee District.
These lands and all property thereon situated, not exempt from taxation, shall be subject to
the provisions of this Chapter.
(2) Repealed by Acts 2022, No. 430, §2, eff. June 15, 2022.
X. Algiers Levee District. (1) The Orleans Levee District as it exists on the date that
it complies with R.S. 38:330.8(B)(4) is reorganized as provided by this Paragraph and as
provided by Paragraph (K)(1) of this Section. The portion of the parish of Orleans on the
west side of the Mississippi River is formed into a political subdivision and levee district,
to be known as the Algiers Levee District. These lands and all property thereon situated, not
exempt from taxation, shall be subject to the provisions of this Chapter.
(2) The district shall be governed by the board of commissioners of the Southeast
Louisiana Flood Protection Authority-West pursuant to authority granted by Article VI,
Sections 38 and 38.1 of the Constitution of Louisiana and as provided in this Chapter.
(3) The district shall have such taxing authority as authorized by Article VI, Section
39(A) and (B) of the Constitution of Louisiana and other applicable provisions of law.
Y. Lafitte Area Independent Levee District. (1)(a) The West Jefferson Levee District
as it existed on January 1, 2011, is reorganized as provided by this Paragraph and as provided
by Paragraph (R)(1) of this Section. The Lafitte Area Independent Levee District as it existed
on January 1, 2011, is reorganized as provided by this Paragraph and as provided by this
Subsection shall be comprised of all of the lands in the parish of Jefferson lying north of
Latitude 29° 17' 52" N and lying south of 29° 47' 00" N.
(b) These lands and all property thereon situated, not exempt from taxation, shall be
subject to the provisions of this Chapter.
(2) The governor shall appoint, subject to Senate confirmation, a board of
commissioners consisting of five persons who reside in that portion of Jefferson Parish
located within the levee district and who meet the requirements of R.S. 38:304(A) as follows:
(a) One member shall be appointed from a list containing three nominations from the
governing authority of Jean Lafitte.
(b) Four members shall be appointed at-large from a list of six nominations
submitted jointly by the legislative delegation representing that portion of Jefferson Parish
located within the levee district.
(c) Members shall be nominated and appointed such that there are always at least two
professionals with at least ten years of experience in their respective professional disciplines
on the board, one of whom shall be an engineer.
(3) A vacancy created whether by reason of death, resignation, expiration of term,
or any other cause of a member of the board shall be filled in the same manner as provided
in Paragraph (2) of this Subsection.
(4)(a) The members of the board initially appointed shall at their first meeting
determine by lot their terms of office, which terms shall commence immediately upon their
appointment and shall expire, respectively, as follows: one member in two years, two
members in three years, and two members in four years, from the first day of July
immediately succeeding such appointment. Thereafter all terms shall be four years.
(b) No member shall serve more than four consecutive four-year terms. However,
if a person has been appointed to fill more than one-half of an unexpired term, such person
shall be eligible to serve consecutively no more than three terms in addition to such partial
term.
(5) The official domicile of the board of the district shall be established by the board.
(6) The district shall have such taxing authority as authorized by Article VI, Section
39(A) and (B) of the Constitution of Louisiana and other applicable provisions of law.
(7) Any books, records, documents, movable property, lands, or immovable property
owned by the West Jefferson Levee District situated within the Lafitte Area Independent
Levee District, that are owned by or in the possession of the West Jefferson Levee District
and that are situated in or pertain to the operations in the jurisdiction of the Lafitte Area
Independent Levee District shall, on June 29, 2011, become property of and shall be
transferred to the Lafitte Area Independent Levee District without the necessity of any other
act, instrument, or deed.
Z. St. Mary Levee District. (1) All of the lands in the parish of St. Mary shall be
embraced in the limits of a levee district to be known as the St. Mary Levee District. These
lands and all property thereon situated shall be subject to the provisions of this Chapter.
(2) The governor shall appoint, subject to Senate confirmation, a board of
commissioners consisting of nine persons who reside in St. Mary Parish, and who meet the
requirements of R.S. 38:304(A) as follows:
(a) The St. Mary Parish Council shall submit a list containing three nominations
from each of the eight single member parish council districts in St. Mary Parish, from which
the governor shall appoint one member to represent each such district from the list.
(b) One member shall be appointed at-large by the governor from a list of three
nominations submitted jointly by the legislative delegation representing St. Mary Parish.
(3) A vacancy created whether by reason of death, resignation, expiration of term,
or any other cause of a member of the board shall be filled in the same manner as provided
in Paragraph (2) of this Subsection. However, members appointed to fill vacancies shall
serve only for the unexpired term of their predecessors.
(4)(a) The members of the board initially appointed shall at their first meeting
determine by lot their terms of office, which terms shall commence immediately upon their
appointment and shall expire, respectively, as follows: three members in two years, three
members in three years, and three members in four years, from the first day of July
immediately succeeding such appointment.
(b) All commissioners thereafter appointed, except a commissioner appointed to fill
an unexpired term, shall be appointed as provided in Paragraph (2) of this Subsection for
staggered terms of four years, which shall expire on July 1 of the fourth year of the term to
which he is appointed, or until his successor is appointed and takes office.
(c) Members of the commission shall be subject to term limitations in accordance
with the provisions of R.S. 42:3.2. However, if a person has been appointed to fill more than
one-half of an unexpired term, such person shall be eligible to serve consecutively no more
than three terms in addition to such partial term.
(5) The official domicile of the board of the district shall be established by the board.
(6) Persons appointed to the board, to the extent practicable, shall reflect the
population of the parish.
AA. Chenier Plain Coastal Restoration and Protection Authority.
(1) All of the lands in the parishes of Calcasieu, Cameron, and Vermilion shall be
embraced in the limits of a levee district to be known as the Chenier Plain Coastal
Restoration and Protection Authority. These lands and all property thereon situated, not
exempt from taxation, shall be subject to the provisions of this Chapter.
(2) The governor shall appoint, subject to Senate confirmation, nine persons to serve
as commissioners as follows:
(a) The police jury of Calcasieu Parish shall submit a list of six nominations, subject
to ratification by the governing authority of Calcasieu Parish, and the governor shall appoint
three members from the list.
(b) The police jury of Cameron Parish shall submit a list of six nominations, subject
to ratification by the governing authority of Cameron Parish, and the governor shall appoint
three members from the list.
(c) The police jury of Vermilion Parish shall submit a list of six nominations, subject
to ratification by the governing authority of Vermilion Parish, and the governor shall appoint
three members from the list.
(3) A vacancy created whether by reason of death, resignation, expiration of term,
or any other cause of a member of the board of commissioners shall be filled in the same
manner as provided in Paragraph (2) of this Subsection.
(4) Any person appointed a commissioner shall have resided in this state the
preceding two years, reside and be a qualified voter in the parish from where nominated, and
reside in the parish while serving as a member of the board.
(5) At least one member from each parish shall be either an engineer or a
professional in a related field such as geotechnical, hydrological, or environmental science.
BB. Iberia Parish Levee, Hurricane, and Conservation District. (1) All of the lands
in the parish of Iberia except that portion of Iberia Parish that is included in the territorial
boundaries of the Atchafalaya Basin Levee District and the Squirrel Run Levee and Drainage
District, shall be embraced in the limits of a levee district to be known as the Iberia Parish
Levee, Hurricane, and Conservation District. These lands and all property thereon situated
shall be subject to the provisions of this Chapter.
(2) The governor shall appoint, subject to Senate confirmation, a board of
commissioners consisting of nine persons who reside in that portion of Iberia Parish located
within the levee district and who meet the requirements of R.S. 38:304(A) as follows:
(a) Three members shall be appointed from the Iberia Parish Council.
(b) One member shall be appointed from the Twin Parishes Port Commission.
(c) One member shall be appointed from the Iberia Parish Port Commission.
(d) One member shall be appointed from each of the following municipalities within
Iberia Parish:
(i) City of Jeanerette.
(ii) City of New Iberia.
(iii) Town of Delcambre.
(iv) Village of Loreauville.
(3) A vacancy created whether by reason of death, resignation, expiration of term,
or any other cause of a member of the board shall be filled in the same manner as provided
in Paragraph (2) of this Subsection.
(4)(a) The members of the board initially appointed shall at their first meeting
determine by lot their terms of office, which terms shall commence immediately upon their
appointment and shall expire, respectively, as follows: three members in two years, three
members in three years, and three members in four years, from the first day of July
immediately succeeding such appointment.
(b) All commissioners thereafter appointed, except a commissioner appointed to fill
an unexpired term, shall be appointed as provided in Paragraph (2) of this Subsection for
staggered terms of four years, which shall expire on July first of the fourth year of the term
to which he is appointed, or until his successor is appointed and takes office.
(c) No member shall serve more than three consecutive four-year terms; however,
if a person has been appointed to fill more than one-half of an unexpired term, such person
shall be eligible to serve consecutively no more than two terms in addition to such partial
term.
(5) The official domicile of the board of the district shall be established by the board.
(6) No member of the board shall receive compensation for serving as a member of
the board.
(7) The district shall have such taxing authority as authorized by Article VI, Sections
39(A) and (B) of the Constitution of Louisiana and other applicable provisions of law;
however, no tax election shall be called without the prior approval of the governing authority
of Iberia Parish.
CC. Squirrel Run Levee and Drainage District. (1) All of the lands within a portion
of the city of New Iberia and within the following described area: a certain lot or parcel of
ground containing 360 acres, more or less, located in Sections 16, 56, and Patent No. 9818,
Township 11 South, Range 6 East; and Sections 10, 11, and Patent No. 9818, Township 12
South, Range 6 East, Southwest Land District, situated in Iberia Parish, Louisiana; said lot
or parcel of ground being bounded on the North by S.R. Golf, Inc. or assigns, Gordon Patout,
or assigns, and Roy Patout or assigns; on the West by Dewey Landry, et al. or assigns, and
the state of Louisiana; on the East by Perry J. Segura and Emma Lou Davant Segura, or
assigns, and on the South by Darby Lane, shall be embraced in the limits of a levee district
to be known as the Squirrel Run Levee and Drainage District. These lands and all property
thereon situated shall be subject to the provisions of this Chapter.
(2) The mayor of the city of New Iberia shall appoint a board of commissioners
consisting of five persons who reside in that portion of the city of New Iberia located within
the levee district, who meet the requirements of R.S. 38:304(A), and who are nominated by
the New Iberia City Council.
(3) A vacancy on the board created by reason of death, resignation, expiration of
term, or any other cause shall be filled in the same manner as provided in Paragraph (2) of
this Subsection.
(4)(a) The members of the board initially appointed shall at their first meeting
determine by lot their terms of office, which terms shall commence immediately upon their
appointment, and which shall expire, respectively, as follows: two members in four years,
two members in three years, and one member in two years, from the first day of July
immediately succeeding such appointment.
(b) All commissioners thereafter appointed, except a commissioner appointed to fill
an unexpired term, shall be appointed as provided in Paragraph (2) of this Subsection for
staggered terms of four years, which shall expire on July first of the fourth year of the term
to which he is appointed, or until his successor is appointed and takes office.
(c) No member shall serve more than three consecutive four-year terms; however,
if a person has been appointed to fill more than one-half of an unexpired term, such person
shall be eligible to serve consecutively no more than two terms in addition to such partial
term.
(5) The official domicile of the board of the district shall be established by the board.
(6) No member of the board shall receive compensation for serving as a member of
the board.
(7) The district shall have such taxing authority as authorized by Article VI, Section
39 of the Constitution of Louisiana and other applicable provisions of law. In addition to any
other powers and duties provided by law, the board may enter into contracts or other
agreements, including cooperative endeavor agreements, with any public or private person,
corporation, association, or other entity, including the Iberia Parish Levee, Hurricane, and
Conservation District, to accomplish or further the purposes of the district, and for the
purpose of acquiring, operating, and maintaining servitudes and works necessary for drainage
as it relates to hurricane protection and flood control.
Louisiana § 38:291 (Naming; limits of districts; composition of boards) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.