§ 38:1601 Definitions; representation
§ 38:1601.1 Applicability of Chapter
§ 38:1602 Parishes authorized to create drainage districts
§ 38:1603 Creation of districts embracing lands in more than one parish
§ 38:1604 Creation of district on petition of property owners; procedure to be followed
§ 38:1605 Approval of Department of Public Works; duties of department
§ 38:1606 Name of district
§ 38:1607 Board of commissioners; qualifications; compensation and expenses
§ 38:1608 Appointment and terms of commissioners
§ 38:1609 Removal of commissioners; appointment of successors
§ 38:1610 Oath of commissioners
§ 38:1611 Officers of board; seal; depository; payment of funds
§ 38:1612 Record of proceedings of board
§ 38:1613 Domicile of district; place of suit; place of meetings
§ 38:1614 Corporate status and powers of district
§ 38:1615 Record of proceedings of board
§ 38:1616 Recordation of certified copies of ordinances creating districts; publication
§ 38:1617 Contest of legality of district
§ 38:1618 Sub-drainage districts
§ 38:1619 Acreage tax
§ 38:1620 Attorneys
§ 38:1621 Engineers
§ 38:1622 Petitions to proceed with work
§ 38:1623 Appointment and duties of board of appraisers
§ 38:1624 Notice of appointment and meeting of appraisers; oath; organization
§ 38:1625 Proceedings of appraisers
§ 38:1626 Report of findings of appraisers; fees
§ 38:1627 Petition for confirmation of report and expropriation of property; notice and citation
§ 38:1628 Hearing and determination of expropriation suits; approval of report of board of appraisers; appeal
§ 38:1629 Rejection of reclamation plan; submission of new or amended plan
§ 38:1630 Board of commissioners to carry out reclamation plan; letting contracts
§ 38:1631 Tax levy for cost of work
§ 38:1632 Tax lien on property; certificate and tables; record
§ 38:1633 Levy of maintenance tax
§ 38:1634 Determination of annual installment; levy of maintenance tax; certificate and table
§ 38:1635 Collection and accounting for taxes
§ 38:1636 Non-liability of state and its subdivisions for taxes
§ 38:1637 Sale of land for delinquent taxes
§ 38:1638 Works and improvements authorized
§ 38:1639 Expropriation of land
§ 38:1640 Payment for property expropriated; assessment of portion not taken
§ 38:1641 Bridges; ditch or lateral across highway; removal of bridge, flume or other work
§ 38:1642 Raising of embankments to conform to district levee
§ 38:1643 Exemption of bonds from taxation
§ 38:1644 Effect of change of ownership of land
§ 38:1645 Change of venue; recusation of judge
§ 38:1646 Injunction or other writ granted only on rule nisi
§ 38:1647 Compensation and expenses of officers and employees; removal of employees
§ 38:1648 Change of plan of reclamation
§ 38:1649 Enlargement of boundaries of district
§ 38:1650 Appointment of appraisers upon change of boundaries or plan
§ 38:1651 Benefits, taxes, bonds and reclamation of sub-district
§ 38:1652 Issuance of bonds; form and terms
§ 38:1653 Sale of bonds
§ 38:1654 Payment of principal and interest of bonds
§ 38:1655 Additional levy for payment of principal and interest
§ 38:1656 Limit of tax levy
§ 38:1657 Bond of secretary-treasurer
§ 38:1658 Use of funds derived from the sale of bonds
§ 38:1659 Readjustment of assessment of benefits
§ 38:1660 Consolidation of adjacent districts
§ 38:1661 New or amended reclamation plans; additional assessments and taxes
§ 38:1662 Connection of ditches; drainage systems, and watercourses with works and improvements of district
§ 38:1663 Advance payment of tax in full
§ 38:1664 Reorganization of existing districts permitted
§ 38:1665 Reorganization procedure
§ 38:1666 Powers and duties of boards of commissioners of reorganized districts
§ 38:1667 Obligations of former district assumed by reorganized districts
§ 38:1668 Chief engineer of reorganized district
§ 38:1669 Property of pre-existing district transferred; funding and refunding of pre-existing indebtedness
§ 38:1670 Issuance of funding or refunding bonds
§ 38:1671 Form and terms of bonds; denominations
§ 38:1672 Sale or exchange of bonds; use of proceeds
§ 38:1673 Payment and retirement of bonds
§ 38:1674 Waiver of procedural rights; recordation of consent
§ 38:1674.1 Construction of drainage projects; financing
§ 38:1674.2 Notice of intention; hearing; ordering improvements
§ 38:1674.3 Plans and specifications; advertisement for bids
§ 38:1674.4 Opening of bids; award of contract
§ 38:1674.5 Report of costs; assessments
§ 38:1674.6 Issuance of Certificates
§ 38:1674.7 Signature on certificates and coupons; form of endorsement
§ 38:1674.8 Sale of certificates; disposition of funds
§ 38:1674.9 Nature of certificates
§ 38:1674.10 Contesting validity
§ 38:1674.11 Arrangements under Local Services Law
§ 38:1674.12 Parishes adjoining Lake Maurepas or Lake Pontchartrain; notice of intention; hearing; ordering improvements
§ 38:1674.13 Parishes adjoining Lake Maurepas or Lake Pontchartrain; report of costs; assessments
§ 38:1674.14 Sunset Drainage District of St. Charles Parish; acreage tax
§ 38:1674.15 St. Tammany Parish Drainage District No. 2; creation of assessment areas; maintenance tax assessment
§ 38:1674.16 St. Tammany Parish Drainage District No. 4
§ 38:1674.16.1 A.(1) Notwithstanding any provision of law to the contrary, the governing authority of Drainage District No. 4 in a parish with a population between two hundred forty-five thousand a
§ 38:1675 Application of Part
§ 38:1676 Tax sale properties; confirmation of title
§ 38:1677 Police juries as governing authority
§ 38:1678 Authorization to incur debt; issue bonds and levy taxes
§ 38:1679 Dividing districts lying in two or more parishes
§ 38:1680 St. Mary Parish; powers of districts; bonds; taxes
§ 38:1680.1 St. Mary Parish; powers of parish, drainage districts, and any incorporated municipality in the parish to levy taxes and charges for drainage facilities
§ 38:1680.2 Town of Berwick; authority to levy taxes, fees, and charges for drainage facilities, systems, and networks
§ 38:1681 Assumption Parish; powers of districts; bonds; taxes

Terms Used In Louisiana Revised Statutes > Title 38 > Chapter 6 > Part I - General Provisions

  • Acquiring person: means either of the following:

    (a)  A person acquiring tax sale title to a tax sale property. See Louisiana Revised Statutes 47:2122

  • Adjudicated property: means property of which tax sale title is acquired by a political subdivision pursuant to La. See Louisiana Revised Statutes 47:2122
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Assessed benefits: means the increased value accruing to lands and other property by reason of the improvements set out in the plan for reclamation. See Louisiana Revised Statutes 38:1601
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Chambers: A judge's office.
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Credit: includes every claim and demand for money, labor, merchandise and other valuable things. See Louisiana Revised Statutes 47:1702
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dependent: A person dependent for support upon another.
  • Docket: A log containing brief entries of court proceedings.
  • Duly notified: means , with respect to a particular person, that an effort meeting the requirements of due process of law has been made to identify and to provide that person with a notice that meets the requirements of La. See Louisiana Revised Statutes 47:2122
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fraud: Intentional deception resulting in injury to another.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • immovable property: means and includes not only land, city, town and village lots, but all things thereunto pertaining, and all structures and other appurtenances thereto, as pass to the vendee by the conveyance of the land or lot. See Louisiana Revised Statutes 47:1702
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • moneys: means and includes gold, silver and other coin, bills of exchange, bank bills or other bills or notes, authorized to be circulated as money, whether in possession or subject to the draft of the depositor or the person having the beneficial interest therein on demand. See Louisiana Revised Statutes 47:1702
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • movable property: means and includes all things other than real estate which have any pecuniary value, all monies, credits, investments in bonds, stocks, franchises, shares in joint stock companies, or otherwise. See Louisiana Revised Statutes 47:1702
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Ordinance: means :

    (a)  An act of a political subdivision that has the force and effect of law, including but not limited to an ordinance, a resolution, or a motion; or

    (b)  A rule or regulation promulgated by the State Land Office, the division of administration, or by another state agency with authority over adjudicated properties. See Louisiana Revised Statutes 47:2122

  • Outer Continental Shelf Lands Act: shall mean Title 43 U. See Louisiana Revised Statutes 47:1702
  • Outer Continental Shelf Lands Act Waters: shall mean all waters above all submerged land seaward and outside of the area of state submerged lands beneath navigable waters as defined in the Submerged Lands Act, 43 U. See Louisiana Revised Statutes 47:1702
  • Owner: means a person who holds an ownership interest that has not been terminated pursuant to La. See Louisiana Revised Statutes 47:2122
  • Owner: means the owner of record, and it shall not include usufructuaries, lessees, mortgagees, or trustees, who shall be considered as represented by the record owner for all purposes. See Louisiana Revised Statutes 38:1601
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • Personal property: All property that is not real property.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • police jury: means the governing authority of the various parishes. See Louisiana Revised Statutes 38:1601
  • Political subdivision: means any of the following to the extent it has the power to levy ad valorem taxes and conduct tax sales for failure to pay ad valorem taxes:

    (a)  The state. See Louisiana Revised Statutes 47:2122

  • Property: includes every form, character and kind of property, real, personal, and mixed, tangible and intangible, corporeal and incorporeal, and every share, right, title or interest therein or thereto, and every right, privilege, franchise, patent, copyright, trade-mark, certificate, or other evidence of ownership or interest; bonds, notes, judgments, credits, accounts, or other evidence of indebtedness, and every other thing of value, in possession, on hand, or under the control, at any time during the calendar year for which taxes are levied, within the State of Louisiana, of any person, firm, partnership, association of persons, or corporation, foreign or domestic whether the same be held, possessed, or controlled, as owner, agent, pledgee, mortgagee, or legal representative, or as president, cashier, treasurer, liquidator, assignee, master, superintendent, manager, sequestrator, receiver, trustee, stakeholder, depository, warehouseman, keeper, curator, executor, administrator, legatee, heir, beneficiary, parent, attorney, usufructuary, mandatary, fiduciary, or other capacity, whether the owner be known or unknown; except in the cases of fire, life, or other insurance companies, the notes, judgments, accounts, and credits of nonresident persons, firms, corporations, partnerships, associations, or companies doing business in the State of Louisiana, originating from the business done in this state, are hereby declared to be property with its situs within this state. See Louisiana Revised Statutes 47:1702
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Redemption nullity: means the right of a person to annul a tax sale in accordance with La. See Louisiana Revised Statutes 47:2122
  • Redemptive period: means the period in which a person may redeem property as provided in thethe Louisiana Constitution. See Louisiana Revised Statutes 47:2122
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Simple resolution: Designated "S. Res.," simple resolutions are used to express nonbinding positions of the Senate or to deal with the Senate's internal affairs, such as the creation of a special committee. They do not require action by the House of Representatives.
  • Statute: A law passed by a legislature.
  • Tax debtor: means , as of the date of determination, the person listed on the tax roll in accordance with La. See Louisiana Revised Statutes 47:2122
  • Tax notice party: means , as of the date of determination, the tax debtor and any person requesting notice pursuant to La. See Louisiana Revised Statutes 47:2122
  • Tax sale: means the sale or adjudication of tax sale title to property pursuant to La. See Louisiana Revised Statutes 47:2122
  • Tax sale certificate: means the written notice evidencing a tax sale to be filed in accordance with La. See Louisiana Revised Statutes 47:2122
  • Tax sale property: means property for which tax sale title is sold pursuant to La. See Louisiana Revised Statutes 47:2122
  • Tax sale purchaser: means the purchaser of tax sale property, his successors, and assigns. See Louisiana Revised Statutes 47:2122
  • Tax sale title: means the set of rights acquired by a tax sale purchaser or, in the case of adjudicated property, on the applicable political subdivision, pursuant to this Chapter. See Louisiana Revised Statutes 47:2122
  • taxpayers: includes firms, companies, associations and corporations; all words importing the masculine gender apply to females also, and all words in the plural number apply to single individuals in all cases in which the spirit and intent of this Chapter require it. See Louisiana Revised Statutes 47:1702
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • True bill: Another word for indictment.
  • Venue: The geographical location in which a case is tried.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
  • writing: means information that is inscribed on a tangible medium or which is stored in an electronic or other medium and is retrievable in perceivable form. See Louisiana Revised Statutes 47:2122