Louisiana Revised Statutes Tit. 48, § 381.1. Rights-of-way; joint use agreements; fees

A. The chief engineer, or his duly authorized representative, may enter into joint use agreements affecting those highway rights-of-way which consist of elevated sections and other highway rights-of-way which may be deemed suitable and available by the chief engineer. The provisions of this Section shall in no way be interpreted to apply to any entity governed by the Public Service Commission.

B. The secretary shall promulgate rules and regulations in accordance with law to effectuate the provisions of this Section, to implement a fee schedule, and to provide for the disposition of fees.

C. The maximum fee shall not exceed the fair market value of the property nor shall it exceed the reasonable cost of defraying the expenses of the right-of-way permit office with regard to the purposes of this Section.

D. The assistant secretary for project delivery may waive fees for governmental entities, political subdivisions, colleges, and universities, provided that said entities derive no income directly from the use of highway rights-of-way, and provided that said entities meet any and all state and federal requirements for a fee waiver.

E. All fees collected pursuant to the provisions of this Section shall be deposited by the secretary of the Department of Transportation and Development into the state treasury for credit to the Right-of-Way Permit Processing Dedicated Fund Account, hereafter referred to in this Part as the “Right-of Way Account”. After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, the monies so deposited shall be credited to the Right-of-Way Account for the use of the Department of Transportation and Development to defray the expenses of the right-of-way permit office. Excess fees, over and above the expenses of the right-of-way permit office, shall be distributed to federally approved highway projects. All monies existing in the Right-of-Way Account at the end of each fiscal year shall be retained in the account and shall not be deposited in the general fund. Monies deposited into the account shall be categorized as fees and self-generated revenue for the sole purpose of reporting related to the executive budget, supporting documents, and general appropriation bills and shall be available for annual appropriation by the legislature.

F. All rules promulgated pursuant to this Section shall be subject to approval by the Federal Highway Administration.

G. Expenses for relocation or adjustments to utility facilities required for use on state right-of-way shall be the responsibility of the grantee.