Did Louisiana university boards need the new state approval process to accept donated land?

Plain-English summary

The LSU System asked whether Act 262 of 2003, which set a state procedure for accepting donated immovable property, applied to the management boards of public higher education systems. In Opinion 03-0268, the AG concluded that it did not. The act's procedure itself applied "[E]xcept as otherwise provided by law," and other laws gave university system boards authority to accept donations for educational purposes.

The opinion also cited an exception for immovable property managed and controlled by higher education institutions or boards from the cited Commissioner of Administration land provisions. The AG therefore did not require those boards to follow Act 262's initial commissioner acceptance and legislative committee approval process for a donated parcel.

Currency note

The full issue date is not legible in the available official extract. 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

Higher education system boards

The AG said the Act 262 procedure did not govern their acceptance of donated immovable property. It relied on their separate statutory power to accept educational donations and the exception for property under higher education management.

State property officials and donors

The opinion distinguished donations accepted by post-secondary management boards from the general state procedure introduced by Act 262. Its answer concerned that procedural overlap, not the suitability of any particular donated property.

Common questions

Q: Did a university system board need the Commissioner of Administration to accept a donated parcel first?
A: The AG said Act 262's procedure did not apply to these boards because other statutes governed their acceptance of donations.

Q: What authority did the boards have to take donations?
A: The opinion quoted La. R.S. 17:3351(A)(2), which authorized each post-secondary system management board to seek and accept donations for educational purposes.

Q: Why did the general state land procedure yield here?
A: The act made room for other law, and the opinion cited the higher education donation power and an exception for property under higher education management.

Background and statutory framework

Act 262 enacted La. R.S. 41:151, with commissioner acceptance and approval by legislative natural-resources committees for certain land donations to the state. The AG compared its "except as otherwise provided by law" clause with La. R.S. 17:3351(A)(2) and La. R.S. 39:14(4), then concluded that post-secondary boards followed their distinct statutory authority.

Citations and references

Statutes quoted or cited: La. R.S. 41:151; La. R.S. 17:3351(A)(2); La. R.S. 39:14(4).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0268

Original opinion text

One American Place
301 Main Street, Suite 600
DEPARTMENT OF JUSTICE
P.O. Box 94005
CiVil DIVISION
TEL.: (225) 342-7013
BATON ROUGE
FAX: (225) 342-2090

RICHARD P. IEYOUB
70804-9005
A’I’I"ORN EY GENERAL

JUL 5 2003
OPINION NO, 05-~88

22-8 EDUCATION-Colleges & Other Institutions of Higher Learning
Mr. P. Raymond Lamonica
61-C LAWS-Special Legislation

General Counsel
La. R.S. 17:3351(A)(2)
Louisiana State University System
La. R.S. 3g:11, 12 & 14(4)
La. R.S. 41:151
3810 West Lakeshore Ddve
Baton Rouge, LA 70808
Act 262 of 2003 ena~ng La. R.S. 41:151 is not applicable to
the acceptance of donations of immovable property by post-secondary system management boards.
Dear Mr. Lamonica:

You have requested an opinion of this office as to whether the provisions of Act 262 of the 2003 Legislative Session would be applicable to the management boards of post-secondary higher education institutions.

Act 262 enacted La. R.S. 41:151 to provide for a procedure by which the State of Louisiana may accept donations of immovable property. This procedure basically requires an initial acceptance of the donation by the Commissioner of Administration, and then the approval of the both the House and Senate Committees on Natural Resources. This procedure is to be followed "[E]xcept as otherwise provided by law." La. R.S. 41:151(A).

La. R.S. 17:3351(A)(2) grants each post-secondary system management board the power to "[A]ctively seek and accept donations * * * for educational purposes from any public or private person or agency." Furthermore, La. R.S. 39:11 and 12, pertaining to the authority, powers and duties of the Commissioner of Administration to administer and enforce the provisions of Title 41 regarding state lands, are not applicable to U[A]ny immovable property under the management, operation and control of any higher education institution or board." La. R.S.
39:14(4).

Therefore, it is the opinion of this office that the procedure to be followed in the acceptance of donations of immovable property provided for in Act 262 is not applicable to post-secondary system management boards.

Page 2

OPINION NO. 03-0268
Mr. P. Raymond Lamonica
General Counsel
Louisiana State University
Parle No. 2

If this office may be of any further assistance to you in this matter, please do not
hesitate to contact us.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY: ....

Assistant Attomey

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