RS 224.1 - Transfer and exchange of state and local roads
A. Upon receipt of a proper resolution submitted by a parish or municipal governing authority to the secretary indicating its conditions, willingness, and desire to incorporate into the parish or municipal road system a road on the state highway system and to assume the maintenance thereof and with the approval by a majority of the legislative delegation from such parish or municipality, the secretary may at his discretion accept the resolution and remove the road from the state highway system and it shall thereafter form a part of the parish or municipal road system. As a condition of such transfer, the department may provide a thing of value, including but not limited to credits towards future construction projects, payment of funds, or satisfaction of debt owed to the department. Such thing of value shall be equal to the amount of the present value of the forty-year projected future maintenance cost of the road to be transferred and may be funded by the department as a capital project. Any funds transferred to a parish or municipality as provided in this Subsection may be expended on any activity allowed under R.S. 48:753. Any condition of transfer shall be reduced to writing by the parties. The department may execute such agreements with any parish or municipality.
B. Upon receipt of a proper resolution submitted by a parish or municipal governing authority to the secretary indicating its conditions, willingness, and desire to exchange one or more roads on the parish or municipal road system for one or more roads on the state highway system and assume the maintenance thereof and with the approval by a majority of the legislative delegation from such parish or municipality, the secretary may at his discretion accept the resolution, incorporate said roads from the parish or municipal road system into and remove said roads from the state highway system, and they shall thereafter form respective parts of said system.
C. Upon completion of the transfer or exchange and any conditions of the resolution, the department shall cause to be recorded the transfer of any immovable property, said recordation to be made in the parish in which the immovable property is situated.
D. The department may promulgate rules in accordance with the Administrative Procedure Act to implement the provisions of this Section.
Added by Acts 1979, No. 185, §1; Acts 1997, No. 1028, §1, eff. July 11, 1997; Acts 2016, No. 458, §1; Acts 2021, No. 325, §1, eff. June 14, 2021.