Did a Louisiana airport authority have to solicit public bids before leasing land for crop production?
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This page answers the general question as of 2000. Ask about yours and see what current Louisiana law means for your facts, with citations you can check.
Plain-English summary
The Iberia Parish Airport Authority asked whether Louisiana's public-bid requirement applied when an airport authority leased land on a share basis for planting and harvesting crops. The AG concluded that the specific agricultural-lease provision, La. R. S. 2:135.1 O, did not require a public bid.
The opinion acknowledged that the statute's general rule called for public bids for airport land leases. It read subsection O's opening words, which applied despite contrary law, as overriding that general requirement for the described agricultural leases. The opinion still described statutory terms requiring an agreement on fees and rent commensurate with agricultural standards in the geographic area.
Currency note
This opinion was issued in 2000. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Common questions
Did the general airport-lease statute require bids?
The AG said La. R. S. 2:135.1 A(3) generally called for public bids for leases of airport land, improvements, or equipment, subject to exceptions.
What was different about a share-basis farm lease?
Subsection O specifically allowed airport authorities and related public entities to lease land on a share basis for crop production despite contrary legal provisions. The AG read that language to remove the bid requirement for this type of lease.
Did the opinion allow any type of airport-property lease without bidding?
No. Its conclusion concerned the agricultural crop leases described in subsection O.
Could the parties set any rent they wanted?
The statutory language quoted in the opinion required terms, fees, and rentals agreed by the parties to be commensurate with agricultural standards in the geographic area.
Background and statutory framework
La. R. S. 2:135.1 A(3) supplied the general airport-lease bidding rule. La. R. S. 2:135.1 O allowed share-basis crop leases despite contrary provisions. The AG resolved the apparent conflict by giving effect to the specific override in subsection O.
Citations and references
- La. R. S. 2:135.1 A(3): general lease-bidding provision.
- La. R. S. 2:135.1 O: share-basis agricultural lease provision.
Source
- Landing page: https://www.ag.state.la.us/Opinions
- Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0206
Original opinion text
June 13, 2000
OPINION NUMBER 00-206
Mr. Jacques Cousin
Assistant District Attorney
Iberia, St. Martin & St. Mary Parishes
Courthouse Building, Suite 200
300 Iberia Street
New Iberia, LA 70560-4583
Dear Mr. Cousin:
We received your request for an opinion on behalf of the Iberia Parish Airport Authority. You inquire as to the applicability of Louisiana’s Public Bid Law to La. R. S. 2:135.1 O. Subsection O provides as follows:
Notwithstanding any provisions of law to the contrary, airport districts, airport authorities, airport sponsors, and other political subdivisions which establish or operate airports or landing fields or which acquire or set apart immovable property for such purposes may lease lands of which they have title, custody, or possession on a share basis for the agricultural purpose of planting, cultivating, growing, and harvesting any agricultural crops with the terms, conditions, fees, and rentals in such lease to be agreed upon the lessor and the agricultural tenant provided such agreement is commensurate with agricultural standards within the geographic area. (Emphasis added)
You correctly indicate in your request that this subsection does not expressly state that an agricultural lease may be awarded without advertising or competitive bidding as is stated in other sections of the statute. La. R. S. 2:135.1 A(3) provides that all leases of land, improvements or equipment, except as hereinafter provided, shall be by public bid. Although this seems to indicate that the lease would have to be by public bid, subsection O specifically provides, notwithstanding any provisions of law to the contrary. Thus, it is our opinion that La. R. S. 2:135.1 O does not require that the lease of airport property for agricultural purposes be by public bid.
Page 2
Mr. Jacques Cousin
OPINION NUMBER 00-206
Page -2-
We trust that this adequately responds to your request. If you have any questions or comments, please do not hesitate to contact our office.
Yours very truly,
RICHARD P. IEYOUB
ATTORNEY GENERAL
BY:
TINA VICARI GRANT
Assistant Attorney General
RPI:TVG:jv
Page 3
OPINION NUMBER 00-206.
1-B AERONAUTICS - AIRPORTS-CIVIL AIR PATROL.
90-B-2 PUBLIC LANDS - LEASES OF OTHER THAN OIL AND GAS.
La. R. S. 2:135.1
La. R. S. 2:135.1 O does not require that the lease of
airport property for agricultural purposes be by public
bid.
Mr. Jacques Cousin
Assistant District Attorney
Iberia, St. Martin & St. Mary Parishes
Courthouse Building, Suite 200
300 Iberia Street
New Iberia, LA 70560-4583
DATE RECEIVED: MAY 17, 2000
DATE RELEASED: June 13, 2000
TINA VICARI GRANT, ASSISTANT ATTORNEY
GENERAL
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