| Advisory opinion request regarding the propriety of the Town of Golden Meadow entering into servitude agreements with certain landowners in connection a sewer project. |
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The Town of Golden Meadow is a Lawrason Act municipality and has received funding to expand its existing sewer system. In doing so, it must acquire servitudes for the construction, operations, and maintenance of the sewer pipes, lift stations, and other components of the system. Under the designed layout of the project, the sewer system will cross tracts of land owned by Town employees and/or their immediate family members.
The Town has contracted with Lloyd and Sybill Ledet to identify affected landowners, discuss the project with the landowners, and acquire the signatures of landowners on servitude agreements. The appraisals are conducted by Cheri Dufrene, a licensed appraiser. Thereafter, the appraisal reports are submitted to the South Central Planning and Development Commission (Commission), with whom the Town has a contract to assist with the grant funding and administration of the project. The Commission drafts the standard servitude agreement which is then forwarded to the landowner or the Ledets for delivery to the landowner.
The Ledets, Kevin Landry, a police officer with the Town, Jamie Liner, the Town Clerk, and members of Ms. Liner's immediate family own land situated within the planned route of the project. The Ledets do not have the authority to negotiate on behalf of the Town. Any revisions to the standard servitude agreement would be negotiated with the Town Engineer, the Commission, or the Town Attorney. Finally, the Ledets, Mr. Landry, Ms. Liner, and Ms. Liner's immediate family members do not have any decision making authority as to the method of transfer, price of transfer, or time of transfer.
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La. R.S. 42:1113A prohibits a public servant, a member of his immediate family, or a legal entity in which he has a controlling interest from bidding on or entering into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of his agency.
La. R.S. 42:1114A provides that each public servant and each member of his immediate family who derives anything of economic value, directly, through any transaction involving the agency of such public servant or who derives any thing of economic value of which he may be reasonably expected to know through a person which (1) is regulated by the agency of such public servant, or (2) has bid on or entered into or is in any way financially interested in any contract, subcontract, or any transaction under the supervision or jurisdiction of the agency of such public servant shall disclose certain information as set forth in Section 1114.
La. R.S. 42:1112A prohibits a public servant from participating in a transaction in which he has a personal substantial economic interest of which he may be reasonably expected to know involving the governmental entity.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Haley Williams |
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