Could Louisiana crews remove cars and boats deposited on private land by Katrina without using abandoned-vehicle procedures?

Plain-English summary

Plaquemines Parish asked how to remove cars and boats that Katrina and Rita had carried onto someone else’s land. In 2005, the Attorney General said the vehicles were disaster debris, not abandoned vehicles, because their owners had not intentionally surrendered them. The ordinary abandoned-vehicle procedures in La. R.S. 32:471 et seq. therefore did not govern their removal.

For entry, notice, and due process, the AG pointed back to its emergency debris opinions 05-0360, 05-0360-A, and 05-0373 and to Executive Order KBB-2005-71. It said an immediate threat to life, health, safety, or property justified public removal and mattered for FEMA reimbursement. It identified fuel, batteries, oils, and other hazardous components in storm-displaced cars and boats. The opinion discussed staging areas for identifying owners and insurers, and warned that cleanup crews still needed care despite the general emergency immunity it described.

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 consider storm-displaced vehicles abandoned?

No. The vehicles had been separated from their owners by the hurricanes, and the opinion said the owners had not intended to give up their property.

Did the parish have to use Louisiana’s ordinary abandoned-vehicle statute?

No. The AG said La. R.S. 32:471 et seq. addressed intentionally abandoned vehicles and did not fit the vehicles described in the request.

Could public crews enter private land to remove them?

The AG said they could under the emergency debris framework described in the earlier opinions, when the removal addressed the immediate threats it identified. It referred officials to those opinions for the entry and notice requirements.

Did the unclaimed-property statute control the cars and boats?

No. The AG said that statute covered intangible property, while these vehicles were tangible things.

Did the opinion say crews faced no liability for careless removal?

No. It discussed general immunity for work under the disaster act and still stressed care in debris operations.

Background and statutory framework

The opinion distinguished vehicles relocated by storms from intentionally abandoned vehicles. It treated vehicles as FEMA disaster debris, applied the immediate-threat approach of the earlier hurricane opinions, and discussed public and environmental hazards from damaged cars and boats. It also cited La. R.S. 29:735 and related cases on emergency-activity immunity without turning that discussion into a promise of protection for every act.

Citations

• La. R.S. 32:471 et seq. (abandoned-vehicle law the AG found inapplicable).
• La. R.S. 9:151 et seq. (unclaimed-property law the AG found inapplicable).
• La. R.S. 29:735 (emergency-activity immunity discussed by the AG).
• La. Atty. Gen. Op. Nos. 05-0360, 05-0360-A, and 05-0373 (earlier emergency debris analysis).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0381

Original opinion text

45-B Environmental Affairs
45-C Environmental
70 Motor Vehicles
167-A Unknown Owners
172 Water & Water Courses

La. R.S. 9:151 et seq.
La. R.S. 29:735
December 6, 2005 La. R.S. 32:471 et seq.
OPINION NO. 05-0381 La. Atty. Gen. Op. Nos. 05-0360, 05-0360-A, 05-0373

The right of entry, notice, and due process requirements for
Hon. Benny Rousselle
the removal of vehicles from private land following
Hurricanes Katrina and Rita are largely covered by La.
President, Plaquemines Parish
Atty. Gen. Op. Nos. 05-0360, 05-0360-A, and 05-0373.
Plaquemines Parish Government
The removal of such vehicles need not comport with La.
R.S. 32:471 et seq., as this does not apply to
106 Avenue “G”
nonabandoned vehicles. Removing these vehicles in an
Belle Chasse, LA 70037
expedient manner is in the interest of protecting the public
and the environment from the “imminent threat” presented by the hazardous chemicals and components of these
Dear President Rousselle: pieces of debris.

You have requested an opinion of this Office as to the proper legal procedures to be followed in the removal of motor vehicles (largely cars and boats) that were relocated to private property by the winds and water of Hurricanes Katrina and Rita. Specifically, your concerns are:

1) You anticipate that the Federal Emergency Management Agency (FEMA)
will require assurances that the entry of local governmental officials onto
private property, without prior landowner approval, to remove the motor
vehicles will result in the local government’s work not being reimbursable.

2) Can the vehicles be removed from the private property without notification
to either the landowner or the vehicle owner?

3) What due process requirements must be followed in the process of
removing these vehicles?

Your concerns regarding right of entry, notice, and due process have largely been addressed by previous opinions of this Office in the wake of Hurricanes Katrina and Rita. Accordingly, we have attached La. Atty. Gen. Op. Nos. 05- 0360, 05-0360-A, and 05-0373 for your reference. Additionally, we direct you to the recent Executive Order, KBB-2005-71, that also addresses debris removal matters. However, we realize that vehicles may raise a few other practical matters not addressed in our previous opinions. In light of this, we undertake the brief review and analysis below.

It should be noted that this opinion covers vehicles that are not considered to be abandoned under Louisiana law. Rather, the owners of the vehicles discussed herein have simply yet to be determined. Thus, it is our opinion that the typical procedures that apply to dealing with abandoned vehicles under La. R.S. 32:471 et seq. should not apply in the removal of these items from public or private

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OPINION NO. 05-0381
Hon. Benny Rousselle
President, Plaquemines Parish
Plaquemines Parish Government
Page No. 2

property. Louisiana Revised Statutes 32:471 et seq. envision the seizure of vehicles that have been intentionally abandoned and are no longer claimed by their owners. The contrary situation is in evidence in your request. According to your request, the vehicles that you are concerned about were separated from their owners by nature during the hurricanes and the owners never actually abandoned them nor did they intend to relinquish their ownership interests therein. Additionally, many of these vehicles are covered by insurance policies and there is little doubt that the insurers would want to identify these movables prior to their final disposition.

As a basic matter, vehicles are included in FEMA’s general definition of debris. See FEMA, Public Assistance Policy Digest, FEMA-321, 28 (FEMA 2001); FEMA, Public Assistance Guide, FEMA-322, 45 (FEMA 1999). Thus, it is our opinion that the removal of vehicles from private property falls squarely under the debris removal advice provided by this Office in our previous opinions. See La. Atty. Gen. Op. Nos. 05-0360, 05-0360-A, and 05-0373.

As an initial matter, we note that La. R.S. 9:151 et seq., also known as the Uniform Unclaimed Property Act of 1997, does not apply to any of the vehicles that may be removed as debris during the cleanup process. This series of laws apply only to intangible property. Thus it is our opinion that all of the tangible things in the hurricane debris stream are excluded from the coverage of these laws. La. R.S. 9:153.

As with all of the debris located on private property that was discussed in the above cited opinions, there must be an “immediate threat” to life, public health and safety, or public or private property in order to justify the public entity’s removal of the debris, including vehicles, and ensure FEMA reimbursement for this action. As we have noted in the above cited opinions, in the aftermath of Hurricanes Katrina and Rita, there is virtually no doubt that such an immediate threat exists.

Certainly then, vehicles, including but not limited to, cars and boats present a significant threat to the public health and safety as well as to the environment, necessitating their expedient removal from wherever they are located (either on public or private property). These threats include posing a safety hazard to children who might use the derelict vehicles as playgrounds, rusting automobiles representing a health hazard to those who may come into contact with them as they repopulate the devastated areas, and the damage that such debris is sure to cause to the underlying property through the leakage of hazardous fluids into the surrounding ground or water. The environmental and health hazards of these vehicles have been noted by the Louisiana Department of Environmental Quality (DEQ). DEQ, Hurricane Katrina Debris Management Plan (DEQ 2005). The hazards from automobiles include “gasoline and diesel fuel, refrigerants,

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OPINION NO. 05-0381
Hon. Benny Rousselle
President, Plaquemines Parish
Plaquemines Parish Government
Page No. 3

lubricating oils, mercury ABS switches, mercury convenience switches, lead acid batteries, brake and transmission fluid, antifreeze, and tires.” Id. at 6. The hazards from boats include “gasoline and diesel fuel, refrigerants, lubricating oils, mercury bilge switches, propane tanks, large appliances, lead acid batteries, transmission fluid and electronics, such as, radar sets, radios, GPS units, and depth finders.” Id. at 7.

As we discussed in La. Atty. Gen. Op. No. 05-0373 about the need to return South Louisiana to a state of normalcy in as expedient a manner as possible, it is our opinion that the removal of such vehicles from private property, in addition to advancing the health, safety, and environmental goals noted above, also substantially advances a return to normalcy for both vehicle owners and their insurers who are awaiting the identification and location of their property.

Finally, in furtherance of the goal of protecting the public’s interests, and thereby complying with the requirements to secure FEMA reimbursement for recovery work, we note that the expedient removal of vehicles from both public and private property to the various governmental staging areas that are processing the vehicles reduces the chance that the vehicles will be acquired by individuals who would attempt to mask the flooded or damaged nature of the vehicles and sell them as used vehicles to unsuspecting consumers. Thus it is our opinion that governmental employees’ entry onto private land to remove vehicles left there by the hurricanes is well within the scope of activities sought to protect the public’s interests, health, safety, and the environment. Therefore, compliance with the aforementioned opinions of this Office, as well as Executive Order KBB-2005-71, should ensure that local governments remain within the legal bounds required by FEMA for reimbursement.

One final matter that is implicit, though not stated, in your request is the matter of immunity of the local government from liability for damages caused as a result of debris operations. As was recently stated by this Office, La. R.S. 29:735
grants general immunity to personnel of the State or any political subdivision thereof, for any actions carried out pursuant to the [The Louisiana Homeland Security and Emergency Assistance and Disaster] Act resulting in the death of, or injury to persons, or damage to property as a result of such actions.

La. Atty. Gen. Op. No. 05-0360. This notion of local immunity was supported by the recent case of Castille v. Lafayette City-Parish Consolidated Government, 896 So.2d 1261, 2004-1569 (La. App. 3 Cir. 3/2/05), writ denied, 902 So.2d 1029, 2005-0860 (La. 5/13/05), which dealt with people injured as a result of debris operations following Hurricane Lili in 2002. The court in this case found that La. R.S. 29:735(A) did immunize the City of Lafayette “from liability for

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OPINION NO. 05-0381
Hon. Benny Rousselle
President, Plaquemines Parish
Plaquemines Parish Government
Page No. 4

injuries or damages sustained as a result of the City’s emergency preparedness activities.” Id. at 1262. This Office is also aware of the divergent outcome of De La Cruz v. Riley, 895 So.2d 589, 2004-0607 (La. App. 4 Cir. 2/2/05), writ denied, 899 So.2d 581, 2005-0513 (La. 4/22/05), a case with similar facts to Castille. This case involved a fatality and injuries resulting from debris from Hurricane Georges causing an automobile accident. However, for reasons unknown to this Office, the defense of immunity was never mentioned by the municipality in De La Cruz. Thus, although the facts are similar to Castille and the case deals with post-hurricane debris liability, it is our opinion that the legal issues upon which the case was decided are substantially distinguishable from Castille and from the subject matter of this opinion request to make the outcome of no moment to the present matter. However, if De La Cruz can be cited for anything with respect to debris operations, it certainly stands for the notion that cleanup crews, despite their immune status, must exercise the utmost care in their debris removal activities in order to ensure the best possible protection of the lives and property of the citizens of this State.

We hope this sufficiently answers your inquiry, however if we may be of further assistance please do not hesitate to contact our office.

Sincerely yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

By: _____
RYAN M. SEIDEMANN
Assistant Attorney General

CCF, Jr./RMS/tp

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OPINION NO. 05-0381
Hon. Benny Rousselle
President, Plaquemines Parish
Plaquemines Parish Government
Page No. 5

OPINION NO. 05-0381

45-B Environmental Affairs
45-C Environmental
70 Motor Vehicles
167-A Unknown Owners
172 Water & Water Courses

La. R.S. 9:151 et seq.
La. R.S. 29:735
La. R.S. 32:471 et seq.
La. Atty. Gen. Op. Nos. 05-0360, 05-0360-A, 05-0373

The right of entry, notice, and due process requirements for the removal of vehicles from private land following Hurricanes Katrina and Rita are largely covered by La. Atty. Gen. Op. Nos. 05-0360, 05-0360-A, and 05-0373. The removal of such vehicles need not comport with La. R.S. 32:471 et seq., as this does not apply to nonabandoned vehicles. Removing these vehicles in an expedient manner is in the interest of protecting the public and the environment from the “imminent threat” presented by the hazardous chemicals and components of these pieces of debris.

DATE REQUESTED: October 19, 2005

DATE RELEASED: December 6, 2005

REQUESTED BY: Hon. Benny Rousselle
President, Plaquemines Parish
Plaquemines Parish Government
106 Avenue “G”
Belle Chasse, LA 70037

AUTHOR: RYAN M. SEIDEMANN
Assistant Attorney General
Lands & Natural Resources Section