RS 3:3622 Definitions - Louisiana Statutes

§3622.  Definitions

As used in this Part, the following terms shall have the following meanings:

(1)  "Forest activities" means any activity on forest land associated with the reforesting, growing, managing, protecting, and harvesting of timber, wood, and forest products.

(2)  "Forest land" means any land in the state devoted to the growing of trees or the commercial production of timber, wood, or forest products that is located outside the corporate limits of any municipality.  Land which is assessed for a use value under the provisions of R.S. 47:2301 et seq. shall be presumed to be forest land.

(3)  "Governmental action" means annexation of territory by a governmental entity or the issuance of a rule, regulation, policy, or guideline promulgated for or by any governmental entity, or an order or other legally binding directive having the force of law or capable of being enforced by government which prohibits or limits the right of an owner to conduct forestry activities on forestry land.  Governmental action does not mean the following:

(a)  A formal exercise of the power of eminent domain.

(b)  A result of police power to prohibit activities that are harmful to the public safety and health.

(c)  An order issued as a result of a violation of law.

(d)  The adoption, enactment, repeal, or amendment of a statute or resolution by the legislature.

(e)  A government action directed or mandated by an order of a court of competent jurisdiction.

(f)  Law enforcement activity involving the seizure or forfeiture of private forest land for a violation of law or as evidence in a criminal proceeding.

(g)  Action taken to enforce a mortgage or other valid security device.

(h)  Actions taken in compliance with federal law or regulation.

(4)  "Governmental entity" means:

(a)  A board, authority, commission, department, office, or agency of the state government.

(b)  A local governmental subdivision with a population of less than four hundred twenty-five thousand.

(c)  A special purpose district.

(5)  "Owner" means a person owning an interest in forest land at the time a governmental action becomes effective as to the forest land in which the owner owns an interest.

(6)  "Prohibits or limits" means an existent reduction of twenty percent or more of the fair market value of forest land, or any portion thereof, or property rights thereto associated with conducting forestry activities on forest land before the action.

Acts 1995, No. 302, §1.