La. Admin. Code tit. 43 § XXVII-3101

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

Section XXVII-3101 - Rules and Regulations Providing for Designation of Immovables as Nonessential Property

A. Definitions

Best Use of Nonessential Property- the use which is possible physically, feasible financially and permissible legally.

Nonessential Property- land and immovable structures thereon, the use of which is not indispensable to fulfillment of an agency's legally established functions.

B. All state agencies shall review their property inventories in order to designate as nonessential property which could be transferred to the State Land Office (hereinafter referred to as the State Land Office). Land, and immovable structures thereon, the use of which is not indispensable to fulfillment of an agency's legally established functions, shall be considered nonessential property; designated thusly, it shall be expendable immediately from the agency's inventory.

C. In order to designate property as nonessential, one of these criteria must be met:

1. property has been closed, abandoned or neglected by the agency; or

2. the controlling agency formally acknowledges that another agency would derive greater benefits from use of the property.

D. Transfer of Property from the Agency to the Department

1. Following designation of property as nonessential, the secretary, or head of the agency, shall prepare a written request for the transfer of property from the agency to the State Land Office.

2. The State Land Office and the agency shall execute an agreement which transfers the agency property to the State Land Office. Copies of this agreement shall be retained by the agency and the State Land Office and also shall be filed with the clerk of court for the Parish of East Baton Rouge and the clerk of court for the parish in which the property is located. Additionally, one copy shall be sent to the Office of the Governor, Division of Administration.

La. Admin. Code tit. 43, § XXVII-3101

Promulgated by the Department of Natural Resources, Office of the Secretary, LR 13:411 (July 1987), repealed and repromulgated by the Office of the Governor, Division of Administration, State Land Office, LR 19:494 (April 1993).

AUTHORITY NOTE: Promulgated in accordance with R.S. 41:140.