Louisiana Revised Statutes 3:3621
Right to Forest Law
PART II. RIGHT TO FOREST
§3621. Citation; legislative findings; purpose
A. This Part shall be known and may be cited as the Louisiana
Right to Forest Law.
B.(1) The legislature hereby finds and declares that forestry is
an essential contribution to the economy of the state.
(2) The legislature further finds that the
purpose of this Part is to allow owners of property classified as
forest land to conduct activities relating to forest production or
if a governmental entity prohibits or severely limits such
activities, to compensate the owners for their losses.
Acts 1995, No. 302,§ 1.
§3622. Definitions
As used in this Part, the following terms shall have the
following meanings:
(1) "Forest activities" means any activity on forest
land associated with the reforesting, growing, managing, protecting,
and harvesting of timber, wood, and forest products.
(2) "Forest land" means any land in the state devoted
to the growing of trees or the commercial production of timber,
wood, or forest products that is located outside the corporate
limits of any municipality. Land which is assessed for a use value
under the provisions of R.S. 47:2301 et seq. shall be presumed to be
forest land.
(3) "Governmental action" means annexation of territory
by a governmental entity or the issuance of a rule, regulation,
policy, or guideline promulgated for or by any governmental entity,
or an order or other legally binding directive having the force of
law or capable of being enforced by government which prohibits or
limits the right of an owner to conduct forestry activities on
forestry land. Governmental action does not mean the following:
(a) A formal exercise of the power of eminent domain.
(b) A result of police power to prohibit activities that are
harmful to the public safety and health.
(c) An order issued as a result of a violation of law.
(d) The adoption, enactment, repeal, or amendment of a statute or
resolution by the legislature.
(e) A government action directed or mandated by an order of a
court of competent jurisdiction.
(f) Law enforcement activity involving the seizure or forfeiture
of private forest land for a violation of law or as evidence in a
criminal proceeding.
(g) Action taken to enforce a mortgage or other valid security
device.
(h) Actions taken in compliance with federal law or regulation.
(4) "Governmental entity" means:
(a) A board, authority, commission, department, office, or agency
of the state government.
(b) A local governmental subdivision with a population of less
than four hundred twenty-five thousand.
(c) A special purpose district.
(5) "Owner" means a person owning an interest in forest
land at the time a governmental action becomes effective as to the
forest land in which the owner owns an interest.
(6) "Prohibits or limits" means an existent reduction
of twenty percent or more of the fair market value of forest land,
or any portion thereof, or property rights thereto associated with
conducting forestry activities on forest land before the action.
Acts 1995, No. 302,§ 1.
§3622.1. Impact assessment
A. A governmental entity shall prepare a written assessment of
any proposed governmental action prior to taking any proposed action
that will likely result in a diminution in value of forest land.
B. The written assessment shall include written analyses and
conclusions concerning:
(1) A clear and specific identification of the governmental
action and the purpose of the governmental action.
(2) Whether the governmental action would constitute a physical
invasion or occupation of forest land.
(3) The length of time that the governmental action would
interfere with the use of forest land.
(4) Whether the governmental action would result in a diminution
in value as to the affected forest land and, if so, the extent
thereof.
(5) The extent to which the governmental action would interfere
with the potential for forestry development of the property of
owners.
(6) Whether the proposed governmental action restricts or
prohibits a use which is already prohibited by existing law.
(7) Alternatives to the proposed action that would lessen or
eliminate any adverse impact on forest land.
(8) An estimate of the cost to the governmental entity if the
entity is required to compensate one or more forest landowners.
(9) The identity of the source of payment within the entity's
budget or otherwise for any compensation that may be ordered.
C. If there is an immediate threat to health and safety that
constitutes an emergency, requires immediate governmental action,
and prohibits the timely production of the assessment required in
this Section, then the assessment shall be made at the earliest
possible time after the governmental action is completed.
D. The governmental entity preparing the assessment shall deliver
copies to the governor and the commissioner of agriculture and
forestry, and any affected landowners.
Acts 1995, No. 302,§ 1.
§3623. Landowner's right of action; remedies
A. An owner of forest land shall have a cause of action against a
governmental entity for damages resulting from governmental action
which prohibits or limits an owner's ability to conduct forestry
activities on forest land in which the owner has an interest.
B. An action brought under the provisions of this Section may be
filed in the district court that has jurisdiction over the property
and the owner shall be entitled to a trial by jury, provided that
the requirements of R.S. 13:5105 are met.
C. In an action brought pursuant to this Section and subject to
the provisions of R.S. 13:5105 et seq., upon a determination that a
governmental action caused a diminution in value of forest land
resulting in prohibition or limit of use in violation of this Part,
the owner shall recover a sum equal to the diminution in value of
the property and retain title thereto.
D. The court in issuing any final order in any action brought
pursuant to this Section may award costs of litigation, including
reasonable attorney and expert witness fees, to the prevailing party
in addition to other remedies provided by law.
E. A subsequent repeal or rescission by the governmental entity
of the governmental action, which is the subject of a suit, shall
not preclude the owner of the right to recover damages resulting
from such action and in the discretion of the court, reasonable
attorney and expert witness fees.
Acts 1995, No. 302,§ 1.
§3624. Restrictions and limitations
Nothing in this Part shall restrict any other remedy or right
that any person or class of persons may have under any other
provision of law.
Acts 1995, No. 302,§ 1.
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