Could the Port of Iberia buy or expropriate land in neighboring Vermilion Parish?

Plain-English summary

The Port of Iberia's lawyer asked whether the commission could buy or expropriate immovable property in neighboring Vermilion Parish for port business and development. In 2005, the Attorney General concluded it could not. La. R.S. 34:246 authorized acquisition of lands in Iberia Parish, and the AG found no separate law extending the commission's acquisition power beyond that boundary.

The opinion treated the port commission as a political subdivision that held only powers granted by Louisiana law. It used the statute's location phrase as a limit, even though the proposed outside-parish property might be useful for the port. The holding applied to both voluntary purchase and expropriation.

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

Could the Port of Iberia purchase land in Vermilion Parish?

The AG said no under the law it reviewed. Its enabling statute authorized acquisition of lands in Iberia Parish, and the office found no authority for an outside-parish purchase.

Would expropriation have been a different route?

No. The AG applied the same territorial limit to expropriation. It said the commission lacked authority to acquire the Vermilion Parish interest by either method.

Did the property's usefulness for port development change the answer?

No. The request said the land was necessary and proper for port business, but the AG tied authority to the geographic limit written into La. R.S. 34:246.

Background and statutory framework

The AG began with the principle that a commission could exercise only constitutionally or statutorily granted powers. It then read La. R.S. 34:246's land-acquisition clause and LSA-R.S. 1:4's direction to follow clear statutory wording. The final syllabus prints “05—147” while the opening prints “05-0147”; this record follows the opening identifier and exact download URL.

Citations

• La. R.S. 34:246 (Port of Iberia land-acquisition power).
• LSA-R.S. 1:4 (clear statutory wording).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0147

Original opinion text

November 17, 2005
OPINION NO. 05-0147

90-1 PORT COMMISSIONS
LSA Const. Art. 6, § 7 and § 44
La. R.S. 34:246
Mr. Raymond E. Allain
LSA-R.S. 1:4
Attorney at Law
P.O. Box 467
The Board of Commissioners of the Port of Iberia
Jeanerette, LA 70544-0467
does not have the authority to acquire immovable
property in another parish.

Dear Mr. Allain:

As legal advisor to the Board of Commissioners of the Port of Iberia (“the Commission”), and as authorized by resolution of the Commission, you have requested an opinion of the Attorney General on the following: Does the Commission have the legal authority to acquire immovable property interests in Vermillion Parish by either voluntary purchase or expropriation, which are necessary and proper for the use and development of the business of the Commission.

In order to properly answer this question, the focus should be on the Commission’s powers and the source of those powers. “The Commission, unlike natural persons, possesses only those powers granted to it by the constitution and statutes of Louisiana.” (Op. A.G. 04-0234).

To determine what power has been given to the Commission, we must first look to the definitions and see how a Commission would be categorized. Article 6 of the Louisiana Constitution discusses local governments. A port commission would be considered a “political subdivision” (Op. A.G. 04-0234, Op. A.G. 99- 358) based on the constitutional definition which includes “a parish, municipality, and any other unit of local government, including a school board and a special district, authorized by law to perform governmental functions.” LSA-Const. Art. 6,
§ 44(2).

The power for commissions generally is found in LSA-Const. Art. 6, § 7, titled “Powers of Other Local Governmental Subdivisions.” This section states “the local governmental subdivision shall have the powers authorized by this constitution or by law.” Id. For example, the Louisiana Supreme Court in

Page 2

Opinion No. 05-0147
Mr. Raymond Allain
Attorney at Law
Page No. 2

Denham Springs v. All Taxpayers affirmed another case saying that “[l]ocal governments possess the right to impose taxes only when the power is granted to them by the state constitution or by statute. Radiofone, Inc. v. City of New Orleans, 93-0962 (La.1/14/94), 630 So.2d 694.” 04-1674 (La. 2/4/05) 894 So.2d 325, 331.

More specifically, the Commission’s enabling statutes set forth the Commission’s powers with respect to land acquisition, in La. R.S. 34:246. This statute explicitly states, in pertinent part that “[t]he board is authorized to acquire by purchase, donation, expropriation, or otherwise any lands in the Parish of Iberia.” It is clear with this wording that the land be acquired only in the Parish. “When the wording of a Section is clear and free of ambiguity, the letter of it shall not be disregarded under the pretext of pursuing its spirit.” LSA-R.S. 1:4.

We have found no other laws that grant the Commission any powers to acquire property outside of its parish.

It is the opinion of the Attorney General that the Board of Commissioners of the Port of Iberia lacks the authority to acquire immovable property located outside of its Parish, by either voluntary purchase or expropriation.

If we may be of further assistance, please do not hesitate to contact the undersigned.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

By:
Charles F. Perry
Assistant Attorney General

CCF,Jr./CFP/tp

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Opinion No. 05-0147
Mr. Raymond Allain
Attorney at Law
Page No. 3

OPINION NO. 05—147

90-1 PORT COMMISSIONS
The Board of Commissioners of the Port of Iberia does not have the authority to acquire immovable property in another parish. DATE REQUESTED: April 8, 2005

DATE RELEASED: November 17, 2005

REQUESTED BY: Mr. Raymond E. Allain
Attorney at Law
P.O. Box 467
Jeanerette, LA 70544-0467

AUTHOR: Charles F. Perry
Assistant Attorney General
Lands & Natural Resources Section