Was the petition to incorporate Central, Louisiana ready for a public vote?

Plain-English summary

In 2005, the Governor's office asked whether a corrected petition to incorporate Central in East Baton Rouge Parish met Louisiana's statutory requirements. The Attorney General said an earlier defect had been cured and reviewed the petition against the six content categories in R.S. 33:1. The corrected petition complied and the incorporation question could be submitted to voters at the next available election date. The opinion did not itself incorporate the area or report the result of a vote.

The AG identified a legal description and contiguity statement, a 2000 census count of 26,600 inhabitants, approximately $100,905,200 in assessed real-property value on the 2004 tax roll, a plan for public services, the proposed name, and two petition chairpersons. It also noted a map showing the proposed area's contiguity. The opinion did not specify what the earlier petition defect was.

Currency note

This opinion was issued in 2005. 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 the AG approve Central's incorporation itself?

No. The AG found the corrected petition complied with the statutory content requirements and said the proposal to decide incorporation could be submitted to voters under R.S. 33:3.

What information did the petition need to include?

The opinion checked six categories: proposed boundaries and contiguity; population; assessed real-property value; proposed public services and a delivery plan; the desired municipal name; and at least two petition chairpersons who could receive legal notices.

Why was the petition reviewed again?

The opinion's syllabus said an earlier submission was defective and the defect had been cured. It did not describe that defect, so the opinion gives no basis to identify what was changed.

What did the AG say about when voters could decide?

It said the compliant proposal could be submitted at the next available election date. It did not name a particular election date in its analysis.

Background and statutory framework

R.S. 33:1 governed the content of an incorporation petition. The AG compared Central's submission to each of its six listed elements and separately noted the map. R.S. 33:3 supplied the route for putting the proposal before voters after that review. The opinion was a conclusion about the specific 2005 petition, not a general finding that every future incorporation petition would comply.

Citations

• LSA-R.S. 33:1(A) (incorporation petition requirements).
• R.S. 33:3 (submission of the incorporation proposal to voters).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0120

Original opinion text

March 8, 2005
OPINION NUMBER 05-0120

35 ELECTIONS – Calling or ordering notice & holding;
Municipal general elections – time & place of holding.

LSA-R.S. 33:1(A)
Ms. Erin Monroe Wesley
The Petition for Incorporation of Central was presented to this
Assistant Executive Counsel Office previously and found to be defective. The Petition has been
Office of the Governor
resubmitted and that defect has been cured; therefore the Petition
for Incorporation of Central is in compliance with the requirements
P. O. Box 94004
set forth in R.S. 33:1(A), et seq., and can be submitted to the
Baton Rouge, LA 70804-9004
voters on the next available election date.

Dear Ms. Wesley:

You have requested of this Office an Opinion regarding whether the petition and supporting documents proposing the incorporation of Central as a municipality in the Parish of East Baton Rouge are in compliance with R.S. 33:1, et seq.

R.S. 33:1 states in pertinent part:

§ 1. Petition for incorporati on; contents; circulation; required signatures

A. Residents of any unincorporat ed area with a population in excess of two hundred inhabitants may propose the incorporation

Page 2

Opinion No. 05-0120
Ms. Erin Monroe Wesley
Assistant Executive Counsel
Office of the Governor
Page: -2-

of the area as provided in this
Subpart. A petition proposing the incorporation of the area shall be prepared and shall contain the following:

(1) A legal description of the area proposed for incorporation and the statement that all lands included in the area constitute a contiguous area.

(2) A statement of the number of inhabitants residing in the unincorporat ed area.
Such statement shall be based on the latest federal

Page 3

Opinion No. 05-0120
Ms. Erin Monroe Wesley
Assistant Executive Counsel
Office of the Governor
Page: -3-

decennial census or another current population report or count which is verifiable.

(3) A statement of the assessed value of the real property located in the unincorporat ed area.
(4) A listing of the public services the municipal corporation proposes to render to the area and a plan for the provision of these services.

(5) A statement of the corporate name desired for the new municipality.

(6) The names of

Page 4

Opinion No. 05-0120
Ms. Erin Monroe Wesley
Assistant Executive Counsel
Office of the Governor
Page: -4-

two or more chairpersons for the petition for incorporation who shall serve as agents for the petitioners in all legal matters, including the receipt of notices.
Notice will be sufficient if served on any one of the chairpersons
.

In the Petition for Incorporation of Central, the Petitioners have a legal description of the area proposed for incorporation and the statement verifying that all lands included in the area proposed to be incorporated constitute a contiguous area, all of which comport with Section (1).

The petition meets the requirements of Section (2) by stating that there are 26,600 inhabitants according to the 2000 federal decennial census.

The petition represents that the assessed value of the real property located in the area is approximately $100,905,200 as reflected on the 2004 tax roll which fulfills the requirements of Section (3).

Section (4) requires a listing of the public services the municipal corporation proposes to render to the area and a plan for the provision of these services. This is outlined in detail in the Petition thereby fulfilling that requirement.

The Petition satisfies the requirement of Section (5) by having as its title “Petition for Incorporation of Central” which is clearly a statement of the corporate name desired for the new municipality.

Page 5

Opinion No. 05-0120
Ms. Erin Monroe Wesley
Assistant Executive Counsel
Office of the Governor
Page: -5-

Section (6) is satisfied by listing the names of the two chairpersons for the petition for incorporation who shall serve as agents for the petitioners in all legal matters, including the receipt of notices.

There is also a map included on the petition which represents the proposed area for incorporation and visually displays its contiguity.

As the “Petition for Incorporation of Central” satisfies all of the requirements of R.S. 33:1, it the opinion of this office that the proposal to determine whether the unincorporated area described in the petition shall become a municipality can be submitted to the voters on the next available election date, pursuant to R.S. 33:3.

Yours very truly,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

By: _________
WILLIAM P. BRYAN, III
Assistant Attorney General

CCF, Jr./WPB, III/sfj

Page 6

SYLLABUS
OPINION NUMBER 05-0120

35 ELECTIONS – Calling or ordering notice & holding; Municipal general elections – time & place of holding.

LSA-R.S. 33:1(A)

The Petition for Incorporation of Central was presented to this Office previously and found to be defective. The Petition has been resubmitted and that defect has been cured; therefore the Petition for Incorporation of Central is in compliance with the requirements set forth in R.S. 33:1(A), et seq., and can be submitted to the voters on the next available election date.

Ms. Erin Monroe Wesley
Assistant Executive Counsel
Office of the Governor
P. O. Box 94004
Baton Rouge, LA 70804-9004

DATE RECEIVED:

DATE RELEASED: March 8, 2005

William P. Bryan, III
Assistant Attorney General