Could the Caddo Levee District build a boat ramp on district land away from a levee?

Plain-English summary

Caddo Levee District owned land used as a parish park near Caddo Lake Dam and Twelve Mile Bayou. The parish commission leased the site and operated the park, but lacked funds for a proposed boat ramp. The levee district asked whether it could build the ramp with its own labor and equipment. In 2005, the Attorney General said no for that location.

La. R.S. 38:325 authorized levee boards to construct recreational facilities on or immediately adjacent to levees. The request expressly said the proposed ramp would be neither on nor immediately adjacent to a levee. The AG concluded that ownership of the land and the park's recreational purpose did not supply authority to build the ramp there. Its answer was limited to the levee district's statutory construction authority for the described project.

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 district build the ramp because it owned the park land?

The AG said no. It applied the statute's levee-location condition even though the district owned the tract.

What location did the statute allow for a recreational facility?

For the Caddo district, the provision quoted by the AG covered facilities on or immediately adjacent to a levee. The proposed ramp was outside that location.

Did the parish commission's lack of funding change the district's authority?

The request described the parish commission's funding shortage, but the AG's answer turned on the ramp's location under La. R.S. 38:325. It found no authority for this off-levee construction.

Background and statutory framework

The proposed boat ramp would serve a parish park operated under lease on levee-district property, at an estimated cost of up to $90,000. The AG applied La. R.S. 38:325's restriction on levee-board recreational facilities and cited earlier Attorney General Opinions 95-228 and 93-452 as consistent. The statute quoted in the opinion stated an exception for the Orleans Levee District, which was not the district asking here.

Citations

• La. R.S. 38:325 (recreational facilities on or immediately adjacent to levees).
• Attorney General Opinions 95-228 and 93-452 (earlier opinions cited as consistent).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0347

Original opinion text

December 5, 2005
OPINION NUMBER 05-0347

63 LEVEES, DRAINAGE DISTRICT
& FLOOD CONTROL
107-A SPECIAL DISTRICTS
Mr. R. Perry Pringle
La. R.S. 38:325
Caddo Parish Levee District
517 Spring Street
The Caddo Parish Levee District does not
have the authority to construct a
Shreveport, Louisiana 71101-7281
recreational facility on property owned by
the District, unless such facility is located
Dear Mr. Pringle: on or immediately adjacent to a levee.

You requested an Attorney General’s opinion on behalf of the Board of Commissioners of the Caddo Levee District (“District”), regarding the construction of a boat ramp by the District on property owned by the District. You stated that the District owns a tract of land bound by the Caddo Lake Dam and the water flowing over the dam into a bayou entitled “Twelve Mile Bayou”. The Caddo Parish Commission (“Commission”) operates a park on the tract of land pursuant to a lease with the District. The District would like to construct a boat ramp on its property which would allow persons visiting the park to launch their boats and use the park in conjunction therewith. The Commission does not have funds available to construct the boat ramp, but it is anticipated that the District could construct the ramp using its own equipment and labor at a cost not to exceed
$90,000. You also indicated that the proposed boat ramp, although located on property owned by the District, would not be located on or immediately adjacent to a levee. You question whether, under these circumstances, it would be legal for the Caddo Levee District to construct a boat ramp.

La. R.S. 38:325 governs the scope of the District’s activities, and provides in pertinent part:

A. Levee boards shall engage in any activities related directly to:

(3) Construction of recreational facilities which are located on or immediately adjacent to levees, except the Orleans Levee District shall not be limited to the construction of recreational facilities located on or immediately adjacent to levees.

In our opinion, this provision of R.S. 38:325 does not authorize the construction of a boat ramp by the District since, as you have advised, the proposed boat ramp is not “adjacent to” a levee. In accord are Attorney General Opinion Nos. 95-228 and 93-452.

Page 2

Mr. R. Perry Pringle
OPINION NUMBER 05-0347
Page - 2 -

Trusting this adequately responds to your request, we remain

Yours very truly,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY: _________
KENNETH L. ROCHE, III
Assistant Attorney General

CCF, JR/KLR, III/jv

Page 3

OPINION NUMBER 05-0347

63 LEVEES, DRAINAGE DISTRICT & FLOOD CONTROL
107-A SPECIAL DISTRICTS
La. R.S. 38:325

The Caddo Parish Levee District does not have the authority to construct a recreational facility on property owned by the District, unless such facility is located on or immediately adjacent to a levee.

Mr. R. Perry Pringle
Pringle & Herzog
517 Spring Street
Shreveport, Louisiana 71101-7281

Date Received:

Date Released: December 5, 2005

KENNETH L. ROCHE, III
ASSISTANT ATTORNEY GENERAL