Judges: RICHARD P. IEYOUB
Filed Date: 1/16/1998
Status: Precedential
Modified Date: 7/5/2016
Dear Mr. Bentson:
This office is in receipt of your request for an opinion of the Attorney General in regard to Act
Accordingly, you ask what procedures will take place regarding the assets, obligations, contracts and property transfer or acquisition; and what action you should be taking as Secretary of the St. Tammany Levee District.
In Atty. Gen. Op. 89-259 this office, with reliance upon Boardof Com'rs v. Dept. of Natural Resources,
The fact that the act fails to address disposition of assets and obligations may be because the act states it is "to abolish certain inactive boards, commissions, districts and authorities," and "to repeal the functions, duties, powers and authority of such inactive entities". However, we have been informed that the St. Tammany Levee District is not inactive, although there are no bonds and the assets exceed the debts.
We find that laws relating to levee districts were amended and reenacted by Act
In Atty. Gen. Op. No 92-141 it was stated that at that time the State Treasurer advised this office that the levee districts depositing funds with that office were those few with outstanding bonds, whereas we have been informed that St. Tammany Levee District has no bond indebtedness. However, in order to enable any obligations to be met by the state treasurer from the deposited funds, the books and records would also have to be sent to the Department of Administration office of Statewide Reporting and Accounting.
Thus, part of the problem of the dissolution of the levee district could be met by depositing the funds of the board with the state treasurer and the funds drawn on a warrant from that office for any indebtedness; and this would also answer in part your inquiry as to what action you should be taking.
In Atty. Gen. Op. No. 81-19 this office was presented with the question as to the status of a levee district after merger and consolidation into a political subdivision under Art.
This office has concluded that the St. Tammany Levee District was not created pursuant to Act
The Louisiana Supreme Court stated in the Board of Commissioners case, supra, that a levee board is to discharge the state's duties of flood protection, and property is placed under its control for supervision and administration with "the land to all practical intents and purposes being still the property of the state." It would follow the assets, obligations and property would be the property of the state and the state would be the entity to assume responsibility by the dissolution.
However, we also note that in Atty. Gen. Op. No. 96-168 it was recognized that the Louisiana Supreme Court declared the legislation creating North Lafourche Conservation, Levee and Drainage District unconstitutional and all acts done under such statute were void, and NLCLDD had no legal status and did not exist. This office recognized the Court had the power to provide for the disposition of NLCLDD's property, obligations and responsibilities, but those issues were not addressed, and Bill 223 creating a new district does not address the disposition of the old district's property, obligations and responsibility either. Accordingly, this office suggested the only way to adequately resolve the answer regarding the disposition of the assets and obligations of the district as well as the responsibilities of its Commissioners was by declaratory judgment. This seems particularly appropriate inasmuch the dissolution of the District dissolves the positions connected with it, which we find would include your position.
We hope this sufficiently answers your inquiry.
Sincerely yours,
RICHARD P. IEYOUB Attorney General
By: BARBARA B. RUTLEDGE Assistant Attorney General
BBR
Date Received: September 17, 1997
Date Released: