§30.3.  Lease of state lands; access to public waterways

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 secretary of the agency having control over the property to restrict 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 secretary determines there exists a public need to maintain the most recent lessee of record, his heirs, or assignees, the 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, oil and gas leases or alligator leases entered into by the department, or to any lease entered into by the State Mineral and Energy Board.  The department shall promulgate rules and regulations providing for uniform criteria to assess the management of leased property.

Acts 1999, No. 1142, §3; Acts 2008, No. 226, §1; Acts 2009, No. 196, §9, eff. July 1, 2009; Acts 2011, No. 335, §2, eff. June 23, 2011.