BJ 08-56

Commandeering Property for Repair of the 17th Street Canal

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, and East Jefferson Levee District, and upon the recommendation of the Attorney General’s Office, the Department of Transportation and Development, and the Division of Administration, State Land Office, it was determined in Executive Order No. KBB 2006-6, issued on February 10, 2006, 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 and repair of the 17th Street Canal, as further described below;

WHEREAS, Executive Order No. KBB 2006-6 directed the commandeering of the use of certain property located in the parish of Jefferson, state of Louisiana, situated in a portion of Section 121 and 122, Township 12 South, Range 11 East, and land extending north into Lake Pontchartrain, containing approximately 10.2 acres, as shown on the map attached as Exhibit A to that Executive Order, entitled "Lake Pontchartrain and Vicinity, New Orleans Plan, Emergency Restoration, 17 Street Canal Interim Closure Structure, Exhibit A" and dated January, 2006;

WHEREAS, the commandeering ordered by Executive Order No. KBB 2006-6 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 2006-6 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.

Bobby Jindal

Jay Dardenne
Secretary of State