Louisiana § 41:725 Terrebonne Parish School Board; transfer of certain sixteenth section lands

Louisiana Statutes

§ 41:725 — Terrebonne Parish School Board; transfer of certain sixteenth section lands

Louisiana·Title 41 Public Lands

A.The Legislature of Louisiana hereby finds that as a result of the holding in Liner v. Terrebonne Parish School Board, 519 So.2d 777 (La. App. 1 Cir. 1987)(rehearing and writ denied in February and March of 1988), the North boundary of Section 16 of Township 20 South, Range 16 East now lies approximately two thousand feet North of where it previously was thought to lie. Many families constructed homes and resided for generations, in some cases, on the affected lands in Terrebonne Parish near Bayou Dularge which they thought in good faith to be theirs, paying taxes as required by state and local governments, only to learn that due to an ancient surveying error in the original government survey of 1838 their titles describe lands in Section 9 whereas their homes rest on Section 16 land. As

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A. The Legislature of Louisiana hereby finds that as a result of the holding in Liner v. Terrebonne Parish School Board, 519 So.2d 777 (La. App. 1 Cir. 1987)(rehearing and writ denied in February and March of 1988), the North boundary of Section 16 of Township 20 South, Range 16 East now lies approximately two thousand feet North of where it previously was thought to lie. Many families constructed homes and resided for generations, in some cases, on the affected lands in Terrebonne Parish near Bayou Dularge which they thought in good faith to be theirs, paying taxes as required by state and local governments, only to learn that due to an ancient surveying error in the original government survey of 1838 their titles describe lands in Section 9 whereas their homes rest on Section 16 land. As a result of the inability of the families and the school board to reach a compromise, these families continue to live in homes they built but are subject to eviction and at least one family has been notified of the school board's intent to evict. While, due to the passage of time, these same families are blocked by prescription which has run against them, preventing them from seeking ownership of the lands in Section 9 which their titles specify they own.
B. Therefore, notwithstanding the provisions of this Chapter, or the provisions of Part II of Chapter 1 of Title 17, and pursuant to Section 4 of Article IX of the Constitution of Louisiana, the Terrebonne Parish School Board shall take all actions necessary for the transfer of title and ownership of such affected property in Section 16 near Bayou Dularge located in T20S-R16E in Terrebonne Parish to those persons who have possessed such property under good faith and just title for at least ten years or to those persons who have acquired from such possessors in good faith, provided that as just and sole compensation the mineral rights upon such lands shall be reserved to the Terrebonne Parish School Board.

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