Commandeering of Property Use — East Of Harvey Floodwall — Phase 2B
WHEREAS, the Louisiana Homeland Security and Emergency Assistance and Disaster Act, R.S. 29:721, et seq., confers upon the governor of the state of Louisiana emergency powers to deal with, respond to, or recover from emergencies and disasters, including those caused by fire, flood, earthquakes, or other natural or man-made causes;
WHEREAS, Proclamation No. 48 KBB 2005, issued on August 26, 2005, declared a state of emergency for the state of Louisiana due to Hurricane Katrina’s potential to cause severe storms, high winds, and torrential rain that could cause flooding and damage to private property and public facilities, and threaten the safety and security of the citizens of Louisiana;
WHEREAS, Proclamation No. 48 KBB 2005 was extended by subsequent proclamations, the last of which is Proclamation No. 47 BJ 2008, due to the extreme damage caused by Hurricane Katrina and the continuation of emergency/disaster conditions in the most affected areas;
WHEREAS, pursuant to R.S. 29:724(D)(4), and subject to applicable requirements for compensation, the governor may commandeer or utilize any private property if he finds this necessary to cope with a disaster or emergency;
WHEREAS, at the request of the U.S. Army Corps of Engineers, Jefferson Parish, the Department of Transportation and Development, and the West Jefferson Levee District, and upon the concurrence of the Attorney General’s Office, it was determined in Executive Order No. KBB 2007-5, issued on February 2, 2007, that the best interests of the citizens of the state would be served by commandeering the use of certain property in the parish of Jefferson for the construction of the West Bank and Vicinity, Hurricane Protection Project, West of Algiers, Canal, Contract 2B-Boomtown Casino to Hero Pumping Station, East of Harvey Canal Floodwall, File No. H-8-45681, drawings 1 through 5 of 5, dated November 1, 2006 attached to that Executive Order as Exhibit A and drawing 72A, dated January 23, 2007 attached to that Executive Order as Exhibit B;
WHEREAS, Executive Order No. KBB 2007-5 directed the commandeering of the use of certain property located in the parish of Jefferson, state of Louisiana, situated in a portion of Section 56, Township 14 South, Range 24 East; containing 22.63 acres and labeled “Limits of Required Right-of-Way” and “Staging Area” on the map attached to that Executive Order as Exhibit A, map file no. H-8-45681, drawings 1 through 5, dated November 1, 2006 and drawing 72A, dated January 23, 2007 attached to that Executive Order as Exhibit B;
WHEREAS, the commandeering ordered by Executive Order No. KBB 2007-5 expressly required the U.S. Department of the Army to identify and compensate the owners of said property; and
WHEREAS, Such compensation has not yet been made by the U.S. Department of the Army to the property owners;
NOW THEREFORE, I, BOBBY JINDAL, Governor of the state of Louisiana, by virtue of the authority vested by the Constitution and the laws of the state of Louisiana, do hereby order and direct as follows:
SECTION 1: Executive Order No. KBB 2007-5 is hereby renewed and continued in full force and effect until such time as the U.S. Department of the Army has completed the project or has identified and compensated the property owners for the taking and use of the property commandeered for the project.
SECTION 2: This Order is effective upon signature and shall continue in effect until amended, modified, terminated, or rescinded by the governor, or terminated by operation of law.
IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of Louisiana, at the Capitol, in the city of Baton Rouge, on this 22nd day of August, 2008.
Secretary of State