This text of Louisiana § 48:381.1 (Rights-of-way; joint use agreements; fees) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§381.1. Rights-of-way; joint use agreements; fees
A.The chief engineer, or his duly authorized representative, may enter into joint use
agreements affecting those highway rights-of-way which consist of elevated sections and
other highway rights-of-way which may be deemed suitable and available by the chief
engineer. The provisions of this Section shall in no way be interpreted to apply to any entity
governed by the Public Service Commission.
B.The secretary shall promulgate rules and regulations in accordance with law to
effectuate the provisions of this Section, to implement a fee schedule, and to provide for the
disposition of fees.
C.The maximum fee shall not exceed the fair market value of the property nor shall
it exceed the reasonable cost of defraying the expenses of the right-of
Free access — add to your briefcase to read the full text and ask questions with AI
§381.1. Rights-of-way; joint use agreements; fees
A. The chief engineer, or his duly authorized representative, may enter into joint use
agreements affecting those highway rights-of-way which consist of elevated sections and
other highway rights-of-way which may be deemed suitable and available by the chief
engineer. The provisions of this Section shall in no way be interpreted to apply to any entity
governed by the Public Service Commission.
B. The secretary shall promulgate rules and regulations in accordance with law to
effectuate the provisions of this Section, to implement a fee schedule, and to provide for the
disposition of fees.
C. The maximum fee shall not exceed the fair market value of the property nor shall
it exceed the reasonable cost of defraying the expenses of the right-of-way permit office with
regard to the purposes of this Section.
D. The assistant secretary for project delivery may waive fees for governmental
entities, political subdivisions, colleges, and universities, provided that said entities derive
no income directly from the use of highway rights-of-way, and provided that said entities
meet any and all state and federal requirements for a fee waiver.
E. All fees collected pursuant to the provisions of this Section shall be deposited by
the secretary of the Department of Transportation and Development into the state treasury
for credit to the Right-of-Way Permit Processing Dedicated Fund Account, hereafter referred
to in this Part as the "Right-of Way Account". After compliance with the requirements of
Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and
Redemption Fund, the monies so deposited shall be credited to the Right-of-Way Account
for the use of the Department of Transportation and Development to defray the expenses of
the right-of-way permit office. Excess fees, over and above the expenses of the right-of-way
permit office, shall be distributed to federally approved highway projects. All monies
existing in the Right-of-Way Account at the end of each fiscal year shall be retained in the
account and shall not be deposited in the general fund. Monies deposited into the account
shall be categorized as fees and self-generated revenue for the sole purpose of reporting
related to the executive budget, supporting documents, and general appropriation bills and
shall be available for annual appropriation by the legislature.
F. All rules promulgated pursuant to this Section shall be subject to approval by the
Federal Highway Administration.
G. Expenses for relocation or adjustments to utility facilities required for use on state
right-of-way shall be the responsibility of the grantee.