Did every co-owner have to consent to a Louisiana coastal restoration project's access?
Apply this to your situation
This page answers the general question as of 2001. Ask about yours and see what current Louisiana law means for your facts, with citations you can check.
Plain-English summary
The Department of Natural Resources asked whether it could proceed with coastal restoration when fewer than all owners of an undivided tract signed access or operation agreements. The Attorney General said the answer depended on the work's effect on the particular property. Under the Civil Code articles he cited, all co-owners did not have to agree to necessary preservation steps, but all had to agree to actions affecting use and management.
The AG cautioned that a coastal restoration label did not automatically make every project an act of preservation. The work's nature and impact on the tract had to be assessed as a factual matter before deciding whose consent was required.
Currency note
This opinion was issued in 2001. 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
Was unanimous consent always required for restoration work?
No. The AG said necessary steps to preserve co-owned property did not require every co-owner's concurrence.
When did the opinion require all co-owners to agree?
When the proposed undertaking affected how the co-owned property would be used or managed.
Could the agency treat every coastal project as preservation?
No. The AG said each project's effect on a particular tract had to be evaluated.
Background and statutory framework
Louisiana Civil Code Article 800 governed preservation of property held in indivision, while Article 801 governed action affecting its use and management. The AG cited Allain vs. Shell Western E & P, Inc. to explain that a project's effect on land was a question of fact.
Citations and references
- Louisiana Civil Code Article 800
- Louisiana Civil Code Article 801
- Allain vs. Shell Western E & P, Inc., 762 So.2d 709 (La. App. 1st Cir. 2000)
Source
- Landing page: https://www.ag.state.la.us/Opinions
- Original PDF: https://www.ag.state.la.us/Opinion/Download/01-0057
Original opinion text
March 20, 2001
OPINION NO. 01- 57
Jack C. Caldwell, Secretary
Department of Natural Resources
P.O. 94396
Baton Rouge, LA 70804-9396
Dear Secretary Caldwell:
You have requested an opinion from this office as to whether the Department of Natural Resources can proceed with the implementation of coastal restoration projects where less than 100% of the owners of an undivided tract have signed servitude agreements authorizing operation on or access to their property.
Louisiana Civil Code Article 800 provides that the concurrence of all the co-owners is not required if the other co-owners are undertaking necessary steps for the preservation of the property held in indivision. Conversely, any undertaking that affects the use and management of property held in indivision requires the agreement of all the co-owners pursuant to the provisions of Louisiana Civil Code Article 801.
Thus, the answer to your inquiry depends upon whether the nature and extent of the work of a particular coastal restoration project is considered to be an act of preservation or an act of management.
A determination as to how the work necessary for a particular coastal restoration project impacts the use of a particular piece of property is a question of fact. See: Allain vs. Shell Western E & P, Inc., 762 So.2d 709 (La. App. 1st Cir. 2000).
While it may be assumed that all coastal restoration projects are by definition acts of preservation, we are of the opinion that each project must evaluate the effect such a project has on the use of a particular piece of property before it can be said to be an act of preservation not requiring the consent of all the co-owners.
If we can be of any further assistance to you in this matter, please do not hesitate to
Page 2
OPINION NO. 01-57
Jack C. Caldwell, Secretary
Department of Natural Resources
Page No. 2
contact our office.
Very truly yours,
RICHARD P. IEYOUB
ATTORNEY GENERAL
BY:
ROBERT H. CARPENTER, JR.
Assistant Attorney General
RPI/RHC/tp
Page 3
OPINION NO. 01-57
Jack C. Caldwell, Secretary
Department of Natural Resources
Page No. 3
OPINION NO. 01-57
Louisiana Civil Code Article 800 & 801
11-A CONSERVATION OF NATURAL RESOURCES – Soil Erosion Prevention
How the work necessary for a coastal restoration project impacts the use of a particular piece of property is a question of fact. If the nature and extent of the work results in the preservation of property held in indivision, then the consent of all the co-owners is not required for an agreement authorizing operation on or access to the property. If the nature and extent of the work would affect the use and management of property held in indivision, then the agreement of all the co-owners would be required to authorize operation on or access to their property.
DATE REQUESTED: January 24, 2001
REQUESTED BY: Jack C. Caldwell
Secretary, Department of Natural Resources
DATE RELEASED:
AUTHOR: ROBERT H. CARPENTER, JR.
Assistant Attorney General
Civil Division/Lands & Natural Resources Section
What does Louisiana law say today, for your facts?
This opinion is from 2001. Ezel checks the current Louisiana statutes and case law, applies them to your situation, and cites what it relies on.
Opens in Ezel Pro.
- Checks the law as it stands today, not only this page
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace