Did North Lafourche levee district commissioners have to live inside the district while serving?

Plain-English summary

The Town of Lockport's attorney asked whether commissioners of the North Lafourche Levee, Conservation, and Drainage District had to live within the district. In the official opinion, the AG answered yes. The opinion quoted the Louisiana Constitution's direction that levee district commissioners be appointed or elected from among district residents and a statute requiring a commissioner to reside in the district while serving.

The AG also cited an earlier opinion about a commissioner lacking the residence qualification. The PDF says a copy was attached, but the two-page extract ends with the 02-0020 signoff and contains no attachment text.

Currency note

This opinion was issued in 2002. 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

Could a North Lafourche levee commissioner live outside the district while serving?
The AG said no; commissioners had to reside within the district's territorial limits.

Was Louisiana residency alone enough under the statute the AG quoted?
No. The quoted statute also required prior residence in the levee district and residence there during service, along with other qualifications.

What did the opinion say about a commissioner who lacked a residence qualification?
It cited earlier AG advice that the office of such a commissioner should be declared vacant. The attached earlier opinion is not present in this extract.

Background and statutory framework

The opinion quoted LSA-Const. Art. 6, § 38 and LSA-R.S. 38:304(A). It noted that the statutory exception formerly found in R.S. 38:304.1 had been repealed at the time. The answer addressed residency for commissioners of this particular district.

Citations and references

• LSA-Const. Art. 6, § 38 (district residency)
• LSA-R.S. 38:304(A) (commissioner qualifications)
• R.S. 38:304.1 (repealed exception noted in the opinion)
• Louisiana Attorney General Opinion 90-404, discussed but not reproduced in the extract

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/02-0020

Original opinion text

One American Place
30] Ma~n Street, Suite 600
DEPARTMENT OF JUSTICE
P.O Box 94005
CIVIL DIVISION
TEL. (22.5) 342-7013
BATON ROUGE
FAX: (225) 342-2090

RICHARD P. IEYOUB
70804°9005
ATTORNEY GENERAL

OPINION NUMBER 02-0020

Mitchell R. Theriot
63 - LEVEES, DRAINAGE DISTRICT & FLOOD CONTROL
Commissioners of the North Lafourche Levee, Conservabon,
Attorney for the Town of Lockport
and Drainage D~strict are required to resign within the territonal
5644 Hwy 1
I~mits of the district.

P.O. Box 308
Lockport, LA 70374

Dear Mr. Theriot:

I am in receipt of your opinion request with regard to residency requirements of the commissioners of the North Lafourche Levee, Conservation, and Drainage District. You specifically request an opinion as to whether commissioners of the district are required to reside within the territorial limits of the district.

In answer to your inquiry, LSA-Const. Art. 6, § 38 states in pertinent part, "(1) The legislature may provide by law for the consolidation, division or reorganization of existing levee districts or may create new levee districts. However, the members of the board of commissioners of a district heretofore or hereafter created shall be appointed or elected from among residents of the district, as provided by law."

LSA-R.S. 38:304(A) states, "Any person appointed a levee commissioner or levee and drainage commissioner must have resided in this state the preceding two years, resided in the levee district the preceding year, be a qualified voter of one of the parishes included in the district, and reside in the district while serving as a member of the board, except as provided in R.S. 38:304.1." (It should also be noted here that R.S. 38:304.1 has been repealed).

In La. Atty. Gen. Op. No. 90-404 (a copy of which is attached) our office addressed a similar issued raised in connection with the Atchafalaya Basin Levee District. In that opinion, our office held that the office of a levee district commissioner who lacks residence qualification for appointment and service should be declared vacant.

Considering the foregoing, it is the opinion of this office that commissioners of the North Lafourche Levee, Conservation, and Drainage District are required to reside within the territorial limits of the district.

Should you have any further questions please do not hesitate to contact our office.

Page 2

Mitchell R. Theriot
Opinion Number 02-0020
Page - 2 -

Yours very truly,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY:
CHARLES H. BRAUD, JR.
Assistant Attorney General

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