§ 41:1709 — Terms and conditions of leases

§1709. Terms and conditions of leases
A. Owners or occupiers of encroachments, constructed pursuant to a permit issued
hereunder, and those existing upon state lands as of July 13, 1978, which are otherwise
lawful except for a permit, shall apply to the office for a lease of the encroachment. No
permit shall be required for projects to facilitate the development, design, engineering,
implementation, operation, maintenance, or repair of integrated coastal protection projects
by the Coastal Protection and Restoration Authority under R.S. 49:214.6.1 et seq. or other
applicable law or projects for the Atchafalaya Basin Program. Where the best interests of the
state and applicant will be served, a noncompetitive lease shall be granted upon the
conditions contained in this Chapter. The term "noncompetitive lease" as used in this Chapter
shall not refer to any proposed use for which the lease is granted. All such leases shall be for
a cash consideration and such terms and other considerations as deemed most beneficial to
the state of Louisiana, considering the type and extent of the encroachment. The cash and
other considerations for the leases and renewals shall be based upon linear feet, area, values
of the improvement and the public land occupied, degree of impairment to the public interest,
and benefit to the owner, be it income, profit or otherwise, that is derived by use of the public
lands. The cash and considerations for leases of minor commercial wharves and piers shall
be a nominal fee, sufficient to cover the costs of processing and administration by the office.
If it is determined that the considerations paid to the state are not reasonable, fair, and
adequate value of the lands occupied as of the date of renewal, additional cash, or other
considerations may be required of the lessee at that time in order that the state be justly
compensated for use of the public lands. All leases shall be reviewed and approved by the
attorney general prior to issuance or renewal.
B. Each lease granted under the authority of this Section shall be for a term not to
exceed five years. The office shall have the right to renew any such lease but not in excess
of ten successive periods under the same or revised terms, but in no case shall any single
renewal of such a lease be for a period exceeding five years, nor shall the total number of
years of which the land is leased under the same lease exceed fifty. At the end of the fifty-year maximum period, the lessee may apply for a new lease as provided herein.

Legislative History

Added by Acts 1978, No. 645, §2, eff. July 13, 1978. H.C.R. No. 56, 1989 R.S; Acts 2001, No. 919, §1; Acts 2018, No. 570, §2, eff. July 1, 2018.