La. Admin. Code tit. 43 § XV-9111

Current through Register Vol. 50, No. 9, September 20, 2024

Section XV-9111 - Disposition of Reclaimed Land

A. Prior to the disposition of any land acquired under this Chapter, the office shall publish a notice of proposed land disposition, and hold public hearings as contained in §905.4 of the Act.

B. The office may transfer administrative responsibility for land acquired by the state to any state department or agency, with or without cost to the department or agency. The office may transfer title for land acquired by the state, to any agency or political subdivision of the state, with or without cost to that entity. The agreement under which a transfer is made shall specify:

1. the purposes for which the land may be used, which shall be consistent with the authorization under which the land was acquired; and

2. that the title or administrative responsibility for the land shall revert to the office if, at any time in the future, the office finds that the land is not used for the purposes specified.

C. The office and the Office of State Lands may accept title for abandoned and unreclaimed land to be reclaimed and administered by the state. If the state transfers land to the United States under this Section, the state shall have a preference right to purchase such land after reclamation is completed. The price to be paid by the state shall be the fair market value of the land in its reclaimed condition less any portion of the land acquisition price paid by the state.

D. The office in conjunction with the Division of State Lands may sell land acquired and reclaimed under this Chapter to the local government within whose boundaries the land is located. The conditions of sale shall be in accordance with the authorities contained in §905.4 of the Act.

E.

1. The office may sell land acquired under this Chapter by public sale if:

a. such land is suitable for industrial, commercial, residential or recreational development;

b. such development is consistent with local, state or federal land use plans for the area in which the land is located; and

c. if it is found that retention by the state or disposal under other paragraphs of this Section, is not in the public interest.

2. Disposal procedures will be in accordance with §905.4 of the Act.

3. The office may transfer title or administrative responsibility for land to cities, municipalities or quasi-governmental bodies, provided that the office provides for the reverter of the title or administrative responsibility if the land is no longer used for the purposes originally proposed.

F. All monies received from disposal of land under this Chapter shall be deposited in the Abandoned Mine Reclamation Fund in accordance with Chapter 83.

La. Admin. Code tit. 43, § XV-9111

Promulgated by the Department of Natural Resources, Office of Conservation, LR 12:26 (January 1986).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:905.1-905.5.