Who was responsible for fire protection after part of Acadia Parish Fire District No. 7 was annexed into Duson?
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This page answers the general question as of 2004. Ask about yours and see what current Louisiana law means for your facts, with citations you can check.
Plain-English summary
Part of Acadia Parish Fire District No. 7 had been annexed into the Town of Duson. The parish assessor asked whether the district still had to provide fire protection there, noting that it no longer received taxes from the annexed area. In Opinion 03-0181, the AG concluded that Duson was responsible for fire protection in the newly annexed area.
The opinion applied La. R.S. 40:1506(C). Under the provision quoted in the letter, a fire district included the parish's unincorporated area and any municipality that concurred in being included. The annexed area was no longer unincorporated, and the AG understood that Duson had not concurred in joining District No. 7. The conclusion rested on that absence of municipal concurrence.
Currency note
This opinion was issued in 2004. 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.
What the opinion meant at issuance
Fire district and town officials
The AG said District No. 7 was no longer responsible for the annexed part of Duson. Because the town had not concurred in district inclusion, the opinion assigned fire protection for that area to the town.
Parish assessor
The assessor's question connected the annexation with the district's loss of tax receipts from that area. The AG resolved responsibility through the statute's district boundaries and municipal concurrence requirement; it did not separately analyze the tax change.
Common questions
Q: Did annexation leave Fire District No. 7 responsible for the area?
A: No. The AG said the annexed land was no longer unincorporated parish territory, and Duson had not concurred in its inclusion in the district.
Q: Could a municipality be included in a fire district under the statute the AG quoted?
A: Yes, if the municipality concurred in being included. The AG understood that Duson had not done so.
Q: Who did the AG say had to provide fire protection in the newly annexed area?
A: The Town of Duson, under the facts presented in the request.
Background and statutory framework
La. R.S. 40:1506(C), as quoted in the opinion, described a district as including the unincorporated parish area, excluding an industrial area, and the area within the limits of each municipality that concurred in inclusion. The AG applied that language to the part of Acadia Parish annexed by Duson.
Citations and references
Statute quoted: La. R.S. 40:1506(C).
Source
- Landing page: https://www.ag.state.la.us/Opinions
- Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0181
Original opinion text
State of Louisiana
DEPARTMENT OF JUSTICE
P.O. Box 94oos
BATON ROUGE
70804-9005
CHARLES C, FOTI, JR.
ATTORNEY GENERAL
JAN 2 3 2004
OPINION NO, 03-018i
47-A-t FIRE PROTECTION DISTRICT81
Honorable Russel L. Benoit, CLA
Assessor, Acadia Parish
P. O. Box 1329
Crowley, Louisiana 70527-1329
Dear Assessor Benoit:
Your request for an Attorney General’s Opinion has been forwarded to me for research and reply. Specifically, you ask if Acadia Parish Fire District No. 7 is still responsible for providing fire protection to a part of Acadia Parish that has been annexed into the town limits of the Town of Duson? You also state that prior to the annexation, the Fire District received taxes for its support and that it no longer receives tax money from the area that was annexed.
The answer to your question to what is covered by a fire district is found in La. R.S.
40:1506(C) which states:
§1506
C. The district shall include:
(1) The nonincorporated area of the parish, excluding any area created as an industrial area; and
(2) The area within the corporate limits of each municipality which concurs in being included in the district.
As is apparent from this statute, the area of your parish which has been annexed to the Town of Duson is no longer an "unincorporated area of the parish." Also, since this area is now part of the town of Duson, that municipality would have to concur with being included in the district. It is the understanding of this office that the Town of Duson has not concurred in being included in Acadia Parish Fire District No. 7. Therefore, the Town of Duson and not the Fire District is responsible for fire protection in the Town of Duson, including the newly annexed area.
We trust your question has been sufficiently answered. However, if you should need anything further, do not hesitate to contact this office.
Page 2
Honorable Russel L. Benoit, CLA
OPINION NO. 03-0181
Page - 2 -
Very truly yours
CHARLES C. FOTI, JR.
ATTORNEY GENERAL
FRANCES J. ITMA~ / ’ "
ASSISTANT ~TTORNEY GENERAL
CCF:FJP:sc
a:\03-0181 .op
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