§ 41:642 — Sixteenth section lands; erosion; title and revenues

§642. Sixteenth section lands; erosion; title and revenues
A.(1) The trustee title of the state of Louisiana to those sixteenth section or
indemnity lands granted by congress to the state of Louisiana as trustee for the benefit of the
school children of the township in which such lands are located, shall be deemed transferred
to the state of Louisiana in its sovereign capacity when such lands become a part of the bed
of any body of navigable water as a result of erosion, subsidence of the surface, action of a
navigable stream, bay, lake, or the Gulf of Mexico, or other similar occurrence; however,
except as provided for in Paragraph (2) of this Subsection, revenues generated by such
former lands held in trust shall be credited to the account of the current school fund of the
parish having an interest in the sixteenth section or indemnity school lands to ensure the
purposes of the original grant, and in accordance with the procedures established herein.
(2)(a) In the event any such eroded or subsided lands are covered by an existing oil
and gas lease or other contract granted by the state in its sovereign capacity, all proceeds
from production and other revenues, generated after July 1, 2007, and attributable to the
eroded lands, shall be credited to the account of the current school fund of the parish having
an interest in the sixteenth section or indemnity lands.
(b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, in the
event that sixteenth section lands are comprised entirely of state-owned water bottoms and
no school indemnity lands were provided for the sixteenth section lands, all proceeds
received by the state from production and other revenues generated after July 1, 2007, from
any oil and gas lease or other contract granted by the state in its sovereign capacity
attributable to the sixteenth section lands shall be credited, subject to an appropriation
specifically for proceeds attributable to Fiscal Years 2007-2008, 2008-2009, and 2009-2010,
to the account of the school fund of the parish in which the sixteenth section lands are
located. Beginning in Fiscal Year 2010-2011 and thereafter, the proceeds shall be credited
to the account of the current school fund of the parish in which the sixteenth section lands
are located. The secretary of the Department of Conservation and Energy shall certify to the
treasurer the amount of proceeds to be credited pursuant to this Subparagraph.
B. Proof of the extent of erosion or subsidence which may have occurred after the
title to the sixteenth section land or indemnity lands vested in the state as trustee for the
benefit of the school children of the townships in which the lands are located shall be made
by the school board having an interest therein to the Department of Conservation and Energy
and shall consist of a certified map or plat of survey prepared by a professional land surveyor
qualified and currently licensed by the Louisiana Professional Engineering and Land
Surveying Board, showing the exact extent of land claimed to be lost through erosion or
subsidence and by evidence as may be required by the secretary showing the extent of the
erosion or subsidence claimed.

Legislative History

Added by Acts 1982, No. 648, §1, eff. July 22, 1982; Acts 2003, No. 279, §6; Acts 2007, No. 158, §1, eff. July 1, 2007; Acts 2010, No. 971, §1; Acts 2023, No. 150, §15, eff. Jan. 10, 2024.