TITLE 41. PUBLIC LANDS

CHAPTER 10.LEASES OF PUBLIC LANDS

PART I. LEASES FOR GENERAL PURPOSES

41:1217.1    Renewal of lease;  highest bid option

A. Any contract entered into for the lease of state lands for any purpose shall require that access by the public to public waterways through the state lands covered by the lease shall be maintained and preserved for the public by the lessee.  The provisions of this Section shall not prohibit the commissioner of administration or the secretary of the department having control over the property from restricting access to public waterways if he determines that a danger to the public welfare exists.  The provisions of this Section shall not apply in cases involving title disputes.

B. Notwithstanding any provision of law to the contrary, if the commissioner or secretary determines there exists a public need to maintain the most recent lessee of record, his heirs, or assignees, the commissioner or secretary may offer the most recent lessee of record, his heirs, or assignees, if he made a bid, the option to match the highest bid in order to continue to lease the state lands.  The provisions of this Subsection shall apply to lessees who held a lease with another party, which lease was subsequently transferred to the state.  The provisions of this Subsection shall not apply to oyster leases, alligator leases, or oil and gas leases entered into by the Department of Wildlife and Fisheries, or to any lease entered into by the State Mineral and Energy Board.

C. The commissioner shall promulgate rules and regulations providing for uniform criteria to assess the management of leased property.

Added by Acts 2008, No. 570, § 1.  Amended by Acts 2009, No. 196, § 6, eff. July 1, 2009;  Acts 2011, No. 335, § 1, eff. June 23, 2011.