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Louisiana State Land Lease (3-LA-d)

In Louisiana, a developer may need a State Land Lease from the Louisiana State Land Office or the other relevant state agency that has control over those lands to access state lands for project development. The State Land Office and other state agencies responsible for administering public lands have the power to lease state lands in accordance with La. Stat. Ann §§ 41:1211.

State Land Lease Process

3-LA-d.1 – Contact State Agency with Jurisdiction Over State Lands

The developer should contact the state agency, municipality, or institution (including, but not limited to the State Land Office, the school district, and other branches, departments, or agencies of the state) with jurisdiction over the public lands where the proposed project will be located, to discuss the project and the process for obtaining a lease to use those lands. See La. Stat. Ann § 41:1211.

3-LA-d.2– State Land Lease Application

The developer must submit a State Land Lease Application (“Application”) to the relevant state agency that maintains control over the land where the project is proposed. The Application must include the developer’s name, the developer’s address,the amount of land the developer wishes to lease, and a description of the location. If the developer plans to build on or fill the lands, the Application must also include legible copies of maps, plans, specifications, or other information, as may be required by the secretary of the Louisiana Department of Natural Resources. La. Stat. Ann § 41:1213. The developer must also include a $25 cash deposit with the Application. La. Stat. Ann § 41:1213. State land leases are limited to areas that are less than 640 acres. La. Stat. Ann § 41:1216.A.

3-LA-d.3 to 3-LA-d.5 – Review Application Materials for Completeness

The appropriate state land management agency must review the developer’s Application materials for technical and administrative completeness and register the Application upon receipt. La. Stat. Ann § 41:1213.

3-LA-d.6 – Is the Land Leasable For the Proposed Purposes?

The state agency must determine whether the requested lands are leasable for the developer’s proposed purposes. La. Stat. Ann § 41:1213.

3-LA-d.7 to 3-LA-d.8– Is Advertisement of and Competitive Bidding for the Lease Required?

Leases with public benefit corporations are exempt from the advertising and competitive bidding requirements. La. Stat. Ann § 41:1212, § 41:1215 ;

3-LA-d.9 to 3-LA-d.11– Request for Advertisement of Campsite/Surface Lease

If advertisement and competitive bidding are required, the developer must submit a Request for Advertisement of Campsite/Surface Lease Form to the State Land Office, along with a $75 advertisement fee. Request for Advertisement of Campsite/Surface Lease Form. The state agency must advertise the developer’s Application in the official journal of the parish where the land is located. The advertisement must be published at least once a week for three (3) consecutive weeks and must include:

  • A description of the land to be leased;
  • The time when the state agency will receive bids for the lease; and
  • A summary of the terms, conditions, and purposes for which the lease will be executed.

La. Stat. Ann § 41:1214.

The state agency provides the developer with a copy of the advertisement and notifies the developer, by certified mail, when the bid date will take place. Request for Advertisement of Campsite/Surface Lease Form.

3-LA-d.12 – Bid on Land Lease

All interested individuals, including the developer, wishing to bid on the land lease must do so during the prescribed time period. Applications and bids are secret and must be mailed to the state agency. La. Stat. Ann § 41:1214. Each bid must be sent in an envelope marked with the word “Bid” and the date on which the bids will be opened. Request for Advertisement of Campsite/Surface Lease Form. The bid must include an amount no less than the appraised value of the property or lot, submitted by check or money order. La. Stat. Ann § 41:1214; Request for Advertisement of Campsite/Surface Lease Form.

Note: The $75 advertisement fee and the bid payment may not be combined; the developer must send separate checks or money orders. If the developer’s bid is successful, the application fee is transferred to the parish journal. If the developer’s bid is unsuccessful, the application fee is refunded, and the successful bidder pays for the advertisement. Request for Advertisement of Campsite/Surface Lease Form.

3-LA-d.13– Does the State Agency Accept the Developer’s Bid?

The state agency publicly opens all received bids at the date and hour mentioned in the advertisement. The state agency must accept the highest bid that meets each of the necessary conditions of the lease, although the state agency also has the right to reject all bids. La. Stat. Ann § 41:1215.

If the developer is not the highest bidder, the agency returns the developer’s $25 application fee and $75 deposit. La. Stat. Ann §§ 41:1213, 41:1215.1.

3-LA-d.14 – State Land Lease

If the developer’s Application is accepted as the highest bid, the developer must pay for the lease by certified check. La. Stat. Ann § 41:1215.A(2).

All leases signed by the relevant state agency must be executed in triplicate, with one copy given to the developer, one copy recorded in the conveyance records of the parish in which the land is located, and one copy retained by the state agency. La. Stat. Ann § 41:1215.A(3).

State land leases require a yearly rental payment and may not exceed ten (10) years. La. Stat. Ann § 41:1217.A(1). However, the lease term may be extended, as provided in La. Stat. Ann § 41:1217.A(2).

Each lease is subject to the terms and conditions that the state agency deems necessary. La. Stat. Ann §§ 41:1215.A(2), 41:1219. Additionally, the developer must ensure that access through the leased land to public waterways be maintained and preserved for the public. La. Stat. Ann § 41:1217.1.A.

3-LA-d.15 – Appeal Decision (If Applicable)

Generally, a claimant aggrieved by a Department of Administration Commissioner decision may appeal to the Nineteenth Judicial District Court within six (6) months after the Commissioner issues a decision. La. Stat. Ann § 41:10.

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