What happened to donated drainage property and service area when St. Tammany's Meadowbrook subdistrict dissolved?

Plain-English summary

The district attorney for Washington and St. Tammany Parishes asked what would happen to land rights donated for Meadowbrook Sub-Drainage District No. 2 after that subdistrict dissolved, and who would handle drainage in its former service area. The official opinion said the donated rights must be disposed of under La. R.S. 38:1798.1, the drainage-district dissolution provision.

The opinion describes statutory options for remaining funds and property, including transfer for drainage purposes to a new district or, in the specified parishwide drainage-program setting, use by the parish. It did not declare that the donated rights automatically reverted to the homeowners association or pass to a single named recipient without applying that statute.

The former subdistrict lay entirely within Gravity Drainage District No. 5. After dissolution, that larger district could exercise drainage authority over the area. Citing a Louisiana First Circuit decision, the AG distinguished authority to perform drainage work from a duty to carry out a particular project.

Currency note

This opinion was issued in 2023. 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 donated property automatically return to the homeowners association?
The AG did not say so. It directed disposition of the donated rights under La. R.S. 38:1798.1.

Did the surrounding gravity drainage district cover the area?
Yes. The subdistrict's territory was already within Gravity Drainage District No. 5, which could exercise authority there after dissolution.

Was the parent district ordered to perform a particular drainage project?
No. The opinion said the district could exercise its authority, and the appellate decision it quoted described discretion over how, when, and where to do drainage work.

Background and statutory framework

La. R.S. 38:1763 placed a gravity subdistrict within a larger drainage district. La. R.S. 38:1798.1 governed liquidation and disposition of remaining funds and property. La. R.S. 38:1767 described the commissioners' drainage powers. The opinion applied those provisions to the Meadowbrook donation and the surrounding district's territory.

Citations and references

Law cited: La. R.S. 38:1763; La. R.S. 38:1767; La. R.S. 38:1798.1. Decision discussed: Town of Sorrento v. East Ascension Consolidated Gravity Drainage District No. 1, 342 So.3d 89.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/23-0049

Original opinion text

State of Louisiana
DEPARTMENT OF JUSTICE
CIVIL DIVISION
RO. BOX 94005
BATON ROUGE
70804-9005
Jeff Landry
Attorney General
September 6, 2023
OPINION 23-0049

Honorable Warren Montgomery
22-1 Drainage & Drainage Districts
District Attorney
. La. R.S. 38:1751 La. R.S. 38:1767
Twenty-Second Judicial District La. AS. 38:1763 La. AS. 38:1798.1
Washington and St. Tammany Parishes
701 N. Columbia Street
Addresses questions about the dissolution of a sub-
drainage district.
Covington, LA 70433

Dear Mr. Montgomery:

You have requested an opinion from this office concerning the effects of the dissolution of Sub-Drainage District No. 2 of Gravity Drainage District No. 5 (Sub-Drainage District 2) in St. Tammany Parish. Specifically, you would like to know how the dissolution will affect property rights previously donated to Sub-Drainage District 2 and what entity is responsible for the drainage of the area previously served by the sub-drainage district.

In 201 1 the Meadowbrook Homeowners Association donated to Sub-District No. 2, real ,

property which was “only useable for the natural drainage of the subdivision.” Sub- Drainage District No. 2 accepted the donation in order to improve and maintain the drainage of the subdivision. Your opinion request concerns the ultimate ownership of the rights conveyed to Sub-Drainage District No. 2 in the event of its dissolution.

The creation of gravity sub-drainage districts is permitted by La. R.S. 38:1763. St.
Tammany Parish created Sub-Drainage District 2 by ordinance to “comprise and embrace a portion of the area within said gravity drainage district commonly known as Meadowbrook Subdivision.”1 Louisiana Revised Statute 38:1763, which provides for the creation of sub-drainage districts, specifically outlines that sub-districts are carved out of drainage districts, stating that, “[gjravity sub-drainage districts shall be composed of territory which is wholly within the limits and is less than the entire territory of a gravity drainage district.” Further, “[tjhe governing body of any gravity sub-drainage district shall be the board of drainage commissioners of the gravity drainage district in which the sub- drainage district is situated.” Id.

The dissolution of sub-drainage districts is governed by La. R.S. 38:1798 and La. R.S.
38:1798.1. Where the bonded indebtedness and all other debts of the sub-district have been paid and satisfied the sub-drainage district may be liquidated and dissolved, “by resolution of the police jury in the absence of a functioning board of commissioners, . . .

or by resolution of the board of commissioners if there be an existing one.” La. AS.

1
St. Tammany Land Development Code, Article IX, Section 115-318.

Page 2

OPINION 23-0049
Hon. Warren Montgomery
Page 2

38:1798.1 (1). The resolution dissolving the sub-drainage district must provide that any remaining cash funds shall be turned over to the police jury of the parish and be paid over to “the governing authority of any newly created district or sub-district within the area of the dissolved district or sub-district to be used in the promotion of or for gravity drainage purposes.” La. R.S. 38:1798.1(4). However, wherethe parish is engaged in a parish-wide construction or drainage maintenance program with parish funds or state funds, the resolution of dissolution may provide that the cash funds and property of the sub-drainage district,
be expended and used by such police jury, or police juries, for drainage maintenance or construction purposes within the territory which theretofore formed the dissolved drainage district, as part of the parish-wide drainage program; and if this is done, then all canals, ditches, rights-of-way, works, natural or artificial drains, and other property theretofore acquired by such funds, to the parish or parishes wherein such property is located or situated.

La. R.S. 38:1798.1(5).

Further, the statute goes on to state that “in the event that such district or sub-district shall have property instead of cash funds, the same shall be disposed of in the manner hereinabove provided for in the case of cash funds, or as provided in paragraph (5) hereof.” Id. Therefore, it is the opinion of this office that the property rights conveyed to Sub-District No. 2 by the Meadowbrook Subdivision in the subject donation should be disposed of as provided for in La. R.S. 38: 1 798. 1.

Next, you ask what entity is responsible for drainage of the area previously served by the Sub-Drainage District No. 2. A sub-drainage district is composed of territory that is wholly within the limits and is less than the entire territory of a gravity drainage district. La. R.S. 38:1763. Sub-Drainage District No. 2 is comprised of property that is already within the boundaries of Gravity Drainage District No. 5•2 Thus, the boundaries of Gravity Drainage District No. 5 already embrace the area previously served by Sub-Drainage District No. 2.

Louisiana Revised Statute 38:1767 states,

The board of drainage commissioners may open all natural drains which they deem necessary in their respective districts and perform all work connected therewith, which they may deem necessary to make the opening of the natural drains effective. They may cut and open new drains, ditches, and canals wherever deemed necessary. In order to carry out the drainage works, the drainage commissioners may enter into contracts for the performance of these works, or purchase machinery and have the work performed under their supervision, and perform all other acts necessary to

2
St. Tammany Land Development Code, Article VII, Section 115-259.

Page 3

OPINION 23-0049
Hon. Warren Montgomery
Page 3
fully drain all the land in their districts and maintain the drainage when established.

(Emphasis added.)

In Town of Sorrento v. East Ascension Consolidated Gravity Drainage District No. 1, 21-1220 (La. App. 1 Cir. 4/12/22), 342 So.3d 89 the Louisiana First Circuit Court of Appeal opined on the above language stating:

It is evident from the provisions cited above that the District has the authority to perform the drainage works, which it deems necessary, but it has no duty to carry out specific drainage projects. The District has the discretion to determine how, when, and where to exercise its authority to properly carry out the function for which it was created, subject only to judicial intervention if this discretion is unreasonably, arbitrarily, or fraudulently exercised.

Id. at 96. (Emphasis in original.)

Accordingly, upon the dissolution of Sub-Drainage District No. 2, Gravity Drainage District No. 5 may exercise authority over the area previously served by Sub-Drainage District No. 2.

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

Sincerely,

JEFF LAN DRY
ATTO,NEY 9ENERAL

By:
Christoph r J. Ler) o
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Assistant Attornycf General
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