Did every co-owner have to consent to a Louisiana coastal restoration project's access?

Short answer The AG said unanimous consent was unnecessary for work that preserved co-owned property, but required for work affecting its use and management. Each project needed a factual assessment of its effect on the particular land.
State
Louisiana
Opinion
La. Atty. Gen. Op. 01-57
Issued
March 20, 2001
Issued by
Richard P. Ieyoub, Attorney General of Louisiana
Requested by
Jack C. Caldwell, Louisiana Department of Natural Resources

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.

Disclaimer: This is an official Louisiana Attorney General opinion. AG opinions are advisory and are not binding court precedent. This page is informational and is not legal advice.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official AG opinion. The original opinion (linked on this page as an official web page) is the authoritative source for any reliance.
View original AG opinion (official page)

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

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


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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


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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

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