State regulation of Rising Sea Levels. What do you do with land that both private land owners & the state can claim?

Where: Lousiana

What has happened in Louisiana?

  • 2018, Legislature rejected a push to allow fishing boats onto land that has any private ownership claim
  • In 2018 Lousiana studied the issue in the Public Recreation Access Task Force 
  • In 2020, the Public Access Task Force report offers suggestions for regulation:
    • BALANCE INTERESTS. Its recreation sportsmen VS. respect for landowners’ legitimate interests in “managing the use of their land and in the development of mineral rights associated with that land.”
    • STATE FISCAL IMPACT.
      • Don’t cut mineral tax revenues
      • Don’t increase administrative costs for new access regimes from new access pathways

What would regulatory proposals look like?

  • state government could buy recreational access servitudes from landowners
  • give private landowners tax incentives to allow recreational access
  • strengthen landowner immunity to lawsuits in exchange for allowing recreational use of their properties
  • allow the state to negotiate permanent boundary settlements
  • guarantee access to all surface waters that ebb and flow with the tide
  •  let landowners donate surface ownership of a tract of land to the state & reserve mineral rights in perpetuity

Minden Press Herald | Louisiana lawmakers try to balance property rights with public land use

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