Louisiana § RS 38:3087.212 - Powers

§ RS 38:3087.212. Powers

A.  The commission may levy and collect taxes within the parish, issue bonds, incur indebtedness within the limitation prescribed by the Constitution of Louisiana and in the manner prescribed thereby, but only if the imposition of the tax, the issuance of the bonds, or the incurrence of debt has been approved by a majority of the electors of the parish voting on the proposition at an election held for that purpose.  The commission shall have the power to sue and be sued; to buy and sell; to exercise the right of expropriation; to own, maintain and operate property, both movable and immovable, to acquire servitudes, rights of way and flowage rights, to construct water control facilities and create bodies of water, including but not limited to lakes and reservoirs, to negotiate and execute contracts; to cooperate with the state of Louisiana or any agency or political subdivision thereof or with the government of the United States or any department or agency thereof on any basis that the board shall deem advisable for the joint or separate construction, ownership, operation and maintenance of pump facilities, pipelines, flood gages, water conveyors and other devices, equipment and property; to accept gifts or contributions of any nature from the state of Louisiana or the United States or any agency or political subdivision thereof; and to make and collect reasonable charges or fees for its services in connection with the water made available by any facilities provided by said commission; provided no charges shall be assessed against any municipality or other political subdivision, and that in exercising the powers and authority aforesaid, the commission shall cooperate with the Louisiana Department of Transportation and Development.

B.  Notwithstanding any other provision of law to the contrary, any property expropriated by the commission pursuant to Subsection A of this Section shall not be sold or ownership transferred by any other means until and unless such property shall be offered in writing for sale to the owner it was expropriated from.  The sale price for such property shall not exceed the amount paid the owner when the property was expropriated.

C.  Notwithstanding any other provision of law to the contrary, the commission shall have no right of expropriation over moveable or immovable property of any corporation created for the purpose of transmitting intelligence by telegraph or telephone.

Acts 2003, No. 233, §1; Acts 2005, No. 320, §1, eff. June 30, 2005.