Louisiana § RS 48:1162 - Effect of transfer of functions

§ RS 48:1162. Effect of transfer of functions

A.  Under the transfer of functions provided for by this part, any pending or unfinished business of any of said authorities shall be taken over and be completed by the board of highways with the same power and authority as the authorities from which the functions are transferred.  The board shall be the successor in every way to the authorities from which such functions are transferred, and every act done in the exercise of such functions by the board or under its authority shall be deemed to have the same force and effect under any provisions of the constitution and laws in effect on the effective date of this merger, consolidation and transfer as if done by the authorities from which such functions are transferred.  

B.  Whenever any authority from which functions are transferred hereby is referred to either as an authority or by other reference or designated by name by the constitution or by any law or contract or other document, such reference or designation shall be deemed to apply to the board of highways, and the legislature hereby specifically states that the provisions of this part are in no way and to no extent intended to nor shall they be construed in any manner which will impair the contractual obligations of any authority heretofore existing, or of the State of Louisiana.  

It is hereby specifically provided that all such obligations hereafter shall be deemed to be the obligations of the board of highways to the same extent as if originally made by it.  In like manner, and in order to prevent any violation of the provisions, terms or conditions of any gift, donation, deed, will, trust or other instrument or disposition by which property of any nature or description has been vested in any authority affected by this merger, consolidation and transfer, or diversion from the purposes for which such property was donated, deeded, devised or bequeathed or otherwise vested in any such agency, it is hereby specifically provided that each and every such instrument or disposition hereafter shall be deemed to have been vested in the board of highways in the same manner and to the same extent as if originally so done.  In addition, the provisions of this part shall not be construed or applied in such a way as to prevent full compliance by the state or any agency thereof with the requirements of any Act of the Congress of the United States or any regulation made thereunder by any officer or agency of the federal government by which federal aid or other federal assistance from the United States has been or is hereafter made available to this state or any subdivision or agency thereof, anything contained in this part to the contrary notwithstanding, and such compliance hereafter shall be accomplished by the board of highways.  

Added by Acts 1972, No. 726, §1.