CHAPTER 3. WATER CONTROL
§1431. Bayou Liberty; clearing; expropriation prohibited
A. Bayou Liberty, from its intersection with U.S. Highway 190 south to its
intersection with Louisiana Highway 433 in St. Tammany Parish, may need periodic clearing
of debris to ensure the free flow of water through the waterway in order to maintain its scenic
and historic beauty and to assist in flood control efforts. Such clearing efforts shall take
place only in that portion of the bayou from the center of the waterway to the low watermark
on the banks without channelization, and without affecting any marsh or any live cypress or
other trees below the low watermark. In addition, all clearing that may be necessary to
maintain an open channel shall be performed only through the use of water-based equipment
except in that portion of the bayou lying directly under or within one hundred feet of a point
directly under the Tammany Trace foot bridge over Bayou Liberty, which portion of the
channel may be cleared by other means.
B. Notwithstanding any provision of law to the contrary, no property abutting that
portion of Bayou Liberty from U.S. Highway 190 south to Louisiana Highway 433 shall be
expropriated by the state, a political subdivision or a public or private entity for any purpose.
C. Should any or all provisions of Subsection B herein be declared unenforceable by
final judgment, notwithstanding any provision of law to the contrary, no public funds of the
state, political subdivision or other public entity shall be used to expropriate property
abutting that portion of Bayou Liberty from U.S. Highway 190 south to Louisiana Highway
433.
D. Should any or all provisions of Subsection B herein be declared unenforceable
by final judgment, no property abutting that portion of Bayou Liberty from U.S. Highway
190 south to Louisiana Highway 433 shall be expropriated by the state, a political
subdivision or a public or private entity unless the court finds that great public loss or
inconvenience will result if the expropriation does not occur.
E. Subject to conditions stated herein, the Department of Energy and Natural
Resources is hereby authorized to purchase property along that portion of Bayou Liberty
from its headwaters to U.S. Hwy. 190 to be used as conservation easements. The purchase
of property for conservation easements shall only be authorized if and when funding for the
purchase is appropriated for that purpose by the legislature.
F. The provisions of this Section shall supersede and control to the extent of any
conflict with any other provision of law. It is the intent of the Legislature of Louisiana that
the property referenced in this Section be maintained and protected without expropriation for
the present and future benefit of Louisiana citizens.
Acts 1999, No. 499, §1; Acts 2023, No. 150, §22, eff. Jan. 10, 2024.