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July 7, 2011The Greater Lafourche Port Commission may not legally take ownership of an abandoned trailer discovered on property under its control, according to a legal opinion issued by the Louisiana attorney general’s office.
Moreover, the commission should surrender the trailer to the local municipal police department for disposition in accordance with state law, the opinion said.
The opinion was authored by Assistant Attorney General Charles Belsom Jr. at the request of port commission general counsel Bryce Autin of Galliano.
Autin requested the opinion after port commission Harbor Police discovered the trailer on commission property in July of 2010. The port commission took possession of the trailer and attempted to contact the owner of the trailer to no avail, Autin said.
He also said the port commission published advertisements, describing the trailer and calling upon the owner to claim the trailer in accordance with state law. Autin added that the trailer is in working condition.
Belsom said that the harbor police have the same authority as sheriffs but not the same as municipal police departments. “Furthermore, as a matter of strict literal interpretation, there is no harbor police ‘department’ contemplated by (state law). Therefore, the port commission cannot dispose of abandoned property,” he said.
“The first disposition of such property shall be that all appropriate and usable property shall be given to nonprofit youth facilities or to any other nonprofit organization,” Belsom said, citing state statute. “Thereafter, all remaining usable property shall be disposed of by publicly advertised auction held in compliance with relevant laws governing public auctions. If any property is determined to be unusable, it shall be sold to a salvage company or destroyed,” the statute said.
“This office is therefore of the opinion that the port commission cannot take ownership of the abandoned trailer,” the opinion said. “The port commission should surrender the abandoned trailer to the local municipal police department for disposition in accordance with state statute.”
