Reverend Monsignor Emile J. Fossier
June 25, 2007U.S. weekly oil and gas rig count down by 2
June 27, 2007
Sen. Butch Gautreaux, D-Morgan City, said he is not going to pursue Senate Bill 33 any further, after it met some resistance in the House transportation committee.
“The bill was not a popular bill,” said Gautreaux. “I’m the last person that wants to be the author of a ‘land grab bill.’ Obviously, even some reporters didn’t quite understand what it was about and it enflamed some of the readers and I don’t need that. So, I’m happy where it is.”
The Terrebonne Parish Port Commission authored the bill and asked Gautreaux to sponsor it.
Under existing law, the port commission has the authority to expropriate any land that does not have an existing facility on it for port operations.
The bill would have augmented current law, allowing the port commission to expropriate any land or facility that does not fall into the categories of ship building, fabrication and seafood handling and has not been operating for more than two years prior to the filing of a petition for expropriation.
The catalyst for this bill was the 1,700 or more acres of land held by South Carolina-based L-M Limited Partnership president Porter Baron in Bayou Black near Gibson.
Baron came to the Terrebonne Economic Development Authority, the port commission and even Gautreaux to seek help in selling his property, but upped his asking price to three or more times the actual assessed cost of the property after companies were brought to the table by TEDA.
The Port Commission director David Rabalais had said previously the intent of the bill was to provide leverage against Baron to bring him back to the negotiating table with a more reasonable asking price for his property.
Sen. Reggie P. Dupre, D-Houma, said he told the port commission from the beginning the main challenge it would have with SB 33 would be the state Constitutional Amendment 5, which prohibits any expropriation for economic development purposes, but does exclude port authorities expropriating land for reasons related to running the port.
“But are you using it for economic development purposes or truly a port facility? If truly a port facility, then it falls under the exemption in the constitutional amendment number five. If not, then there might be a prohibition against it,” said Dupre.
The bill recently cleared the Senate with a vote of 38 to 0.
But, Gautreaux was unable to attend the House transportation committee meeting and had to ask Rep. Gordon Dove, R-Houma, to handle the bill for him.
Representatives from TEDA and the port commission failed to attend, as well, while members of the Louisiana Land Owner’s Association showed up to speak against the bill.
Dove said a lot of questions were brought up at the transportation committee and, thinking it would be better for Gautreaux to answer some of the questions, deferred the bill for Gautreaux to reschedule and bring back if he chose to do so.
“I haven’t been in those negotiations. I know what I’ve been told and read, but I didn’t think it was my place to comment on what’s going on in Gibson because I’m not in the middle of that particular negotiation,” said Dove.
Dove said there were a lot of questions about the bill because it gave the port commission expropriation powers over existing facilities.
“That’s really, really a very controversial, very touchy situation where you give any government entity the right to go expropriate an existing business,” said Dove. “In the past our transportation committee has voted against that, even though it’s a local bill. They’ve generally voted against expanding expropriation.”
Dove said even if Gautreaux were to bring the bill back to the committee he would have a tough sell.
