Could a new Louisiana town council reconsider a land lease approved but never signed by its predecessor?

Plain-English summary

Pollock's former mayor and council had unanimously approved a proposed land lease for a fire department and training facility: three acres for $1 over 99 years. They never reduced the agreement to writing or signed it. In 2006, the Attorney General concluded that the vote had not created a lease, because the statute governing public leases required a written document. The new council could decide for itself whether entering a lease was advisable.

The fire chief had also asked about a statute of limitations on the land agreement. The AG answered by finding that no lease existed to enforce or revoke under the facts supplied. The opinion did not decide the merits of a new proposed lease.

Currency note

This opinion was issued in 2006. 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

Did a unanimous council vote make the fire district's lease binding?

The AG said no. The prior vote was not followed by a written, signed lease, and the opinion read LSA-R.S. 41:1292 as requiring the public lease to be in writing.

Could the new council reconsider the proposed lease?

Yes. Because no lease had come into existence under the AG's analysis, the new council could consider whether to enter one. The opinion did not require it to approve the old terms.

What had the written lease needed to contain?

The statute quoted in the opinion called for a reasonably definite property description, the lease's purpose, rent, duration, and any other agreed conditions. None had been placed in a completed written lease on the facts given.

Background and statutory framework

Grant Parish Fire District No. 5's chief described a proposed lease of Pollock land for a fire facility, approved by the former town council but never finalized in writing. The AG said Louisiana law authorized political subdivisions to lease land for legitimate purposes but required such a lease to be written. It relied on LSA-R.S. 41:1292 to conclude that no lease existed and that the successor council could revisit the proposal.

Citations

• LSA-R.S. 41:1292 (writing and content requirements for the public lease).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0089

Original opinion text

March 28, 2006
OPINION NUMBER 05-0089

62 – Leases
Clifton R. Johnston, Jr.
90-A Political Subdivisions
Fire Chief
Grant Parish Fire District #5 A land/lease agreement approved unanimously by the former Mayor and Town Council, but never
P. O. Box 147
reduced to writing nor signed during the term is
Pollock, LA 71467-9730
subject to reconsideration by the new council.

Dear Mr. Johnston:

You requested an opinion from this office asking whether there is a statute of limitations on a land agreement. You specifically ask whether a lease agreement between the previous council of the Town of Pollock and the former fire chief, though never signed or finalized, may be revoked by the current council.

From the facts set forth in your opinion request, the former Mayor and Town Council of Pollock and the former Fire Chief of Grant Parish Fire District #5 agreed to enter into a land/lease to build a fire department and training facility on land located in the industrial area of the fire district. The lease encompassed three (3) acres of land for $1.00 for ninety-nine (99) years. Although this agreement was brought up for vote and unanimously approved by the previous town council, it was never reduced to writing. The new council is now reconsidering the agreement.

Louisiana Revised Statute 41:1291 grants authority to political subdivisions to execute leases for any legitimate purpose. However, the lease must be in writing which is specifically provided for in LSA-R.S. 41:1292 and reads as follow:

Such lease shall be in writing and shall contain a reasonably definite description of the property leased, the purposes for which the property is leased, the rental to be paid, the term or duration of such lease, and such other stipulations and conditions as may be initially agreed upon….

Although the land/lease agreement was approved unanimously when brought up to a vote by the former Mayor and Town Council, the lease was never reduced to writing nor signed. In such an instance, this office is of the opinion that no lease

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Clifton R. Johnson, Jr.
Opinion No. 05-0089
Page 2

existed to reconsider since it was never reduced to writing as required by LSA- R.S. 41:1292. It follows that the new council may consider whether it is advisable to enter into a lease.

We hope this opinion has sufficiently addressed your concerns. If our office may be of further assistance, please do not hesitate to contact us.

Yours very truly,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY: ____
CHARLENE PATTERSON
Assistant Attorney General

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Clifton R. Johnson, Jr.
Opinion No. 05-0089
Page 3

OPINION 05-0089

62 – Leases
90-A Political Subdivisions

R.S. 41:1292

A land/lease agreement approved unanimously by the former Mayor and Town Council, but never reduced to writing nor signed during the term is subject to reconsideration by the new council.

Clifton R. Johnston, Jr.
Fire Chief
Grant Parish Fire District #5
P. O. Box 147
Pollock, LA 71467-9730

Date Received:
Date Released: March 28, 2006

CHARLENE PATTERSON
ASSISTANT ATTORNEY GENERAL