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CONTRIBUTIONS BY PARISHES, ETC., TO MAINTENANCE OF ROAD.

Sec. 11. Be it further enacted, etc., That whenever any road shall be constructed or improved in any parish, city, town or village, under the provisions of this Act, has heretofore been so constructed or improved under previous statutes relating to road improvement, under which State aid has been granted, the State Highway Engineer shall thereafter keep all such roads in proper condition and repair, and the total cost of such maintenance shall be paid by the State Treasurer, the said parish, city, town or village to reimburse the State its proportional share of such total cost-one-half thereof, such payment and reimbursement to be made in like manner and as provided in Section 7 hereof for the original cost of such highways.

The State Treasurer is hereby authorized to pay, upon the warrant of said State Highway Engineer, approved by the President of the State Board of Engineers, such sums as may be required for the repair of such roads. It shall be the duty of the said State Highway Engineer to organize a system of continuous repair and inspection of State highways so that the same will be in good condition at all times. LAYING PIPE, ETC., ON ROADS-PERMISSION REQUIRED.

Sec. 12. Be it further enacted, etc., That no State highway shall be dug up or otherwise used for laying pipe lines, sewers, poles, wires or railways, or for other purposes, without the written permit of the State Highway Engineer, and then only in accordance with the regulations prescribed by said engineer; and all such work shall be done under the supervision and to the satisfaction of said engineer, and all the cost of replacing the highway in as good condition as previous to its being disturbed shall be paid by the person to whom or in whose behalf such permit was given, or by the persons by whom the work was done. In case of immediate necescity therefor, a city, town or village may dig up said State highway without such permit from said State Highway Engineer; provided, that in such cases such highway shall be forthwith replaced in as good condition as before at the expense of such city, town or village. No railway or trolley line shall be permitted within the right of way of any State highway, except at crossings, and no trees on any State highway shall be used or be disturbed for the erection of electric lights, telephone or telegraph lines. It shall be the duty of the State Highway Engineer, as far as practicable, to have State highways bordered by trees. PURCHASE OF ROAD BUILDING APPARATUS.

Sec. 13. Be it further enacted, etc., That the State Highway Engineer, with the approval of the State Board of Engineers, may purchase for the State all rock crushers, steam rollers and other road machinery, tools and implements, and draft animals that may be needed for the purposes of this Act, and such machinery shall be managed and used under the direction of said engineer, who shall employ competent men to operate and keep them in repair.

Said State Highway Engineer may purchase all necessary materials and supplies and incur such other expenses as may be necessary in the operation, maintenance and transportation of all such road machinery, tools and implements. Upon the application of the police jury of any parish, or of the inayor or other governing authority of any city, town or village, said State Highway Engineer may furnish for use such road machinery when convenient and practicable for use in building or repairing any road or roads in such parish, city, town or village, all expenses incurred thereby to be borne by said parish, city, town or village. ACQUISITION OF RIGHT OF WAY FOR ROAD.

Sec. 14. Be it further enacted, etc., That in all cases where it is necessary to acquire a right of way in constructing a new highway or changing the location of an old, the right of way thereof shall be acquired by the parish, city, town or village, either by purchase, donation or by expropriation under the general laws of the State relative to expropriation of private property for public purposes, in the event the owner of said property and the governing authorities of such cities, towns or villages, or the State Highway Engineer should not agree upon the price thereof. In expropriating lands for the right of way, the measure of damages to such land owner shall be double the ass ssed value of the property per acre, appearing on the last assessment rolls. This measure of damages shall include the price of the land and all damages that may result to the owner; provided, however, that if any improvements of the land owner, or any crops upon the land are damaged or destroyed by the location of such highway, then he may recover additional compensation for the actual injury or destruction of such improvements or crops. After the State Highway Engineer has laid out a road over a certain tract of land, and actually commenced the construction of said highway thereon, the land owner shall not be entitled to prevent or retard the construction of the road by any legal process, but shall be remitted to an action for damages, and recover such damages as is authorized under this Act. All State highways shall be of such width as shall be fixed by the State Highway Engineer, and the rights of way authorized to be acquired under this Act shall be of such width as may be designated by the State Highway Engineer, as in his judgment is best suited to that particular locality. The State Highway Engineer shall also have the right and authority to have dug canals and ditches or drains sufficient in his judgment to properly drain the road being constructed through any lands of private individuals or corporations to drain the public roads. The right of way for such canals and ditches may be acquired in the same manner and for the same compensation as is herein provided for acquiring rights of way for highways. In the event the land owner should donate the right of way for the ditch or canal through his property, then under sush terms, restrictions and regulations as may be imposed by the State Highway Engineer he shall be permitted to drain into said ditch or canal. If, however, such private owner will not donate this right, it shall be left to the discretion of the State Highway Engineer whether he be permitted to drain into such ditch or canal under any conditions.

This section violates Const. Art. 167, but its unconstitutionality does not invalidate the entire statute. Police jury vs. Martin, 140 L. 848. SALE OF LAND ON WHICH OLD ROADS ARE LOCATED.

Sec. 15. Be it further enacted, etc., That the said State Highway Engineer, with the approval of the State Board of Engineers and the president of the police jury, or the mayor or governing authority of any city, town or village, may exchange such land or part thereof upon which any highway is now located for another location for such highway, or he may sell such lands when the highway has been abandoned, or may vacate any lands or part thereof, or rights in lands which have been taken or acquired for road purposes, under this Act, by executing and recording a deed therefor, and said vacation shall vest the title to the lands or rights so vacated in the persons their heirs and assigns who are named in said Act. EMPLOYMENT OF LABOR OF CONVICTS.

Sec. 16. Be it further enacted, etc., That the said State Highway Engineer shall have the authority to employ any and all labor necessary when performing a contract for the construction or repair of public roads, or performing the preliminary work of surveying or performing any other work necessary in connection therewith, and when such labor is employed by the day he shall only pay the reasonable and customary price.

That in order to further carry out the provisions of this Act and provide labor sufficient to construct and maintain the public roads as herein provided, the convicts of the State of Louisiana may be worked upon the said public roads as authorized by the Constitution of the State. Whenever in the opinion of the State Highway Engineer convicts can be profitably worked upon the public roads, he shall apply to the Board of Control of the State Penitentiary, who shall furnish such convicts in case they are available. The labor performed by the convicts shall be furnished free of charge, provided, however, that the cost of maintenance and operation shall be

Note.

borne by the parish, municipality or road district having the work performed, and paid out of the fund available for said work. The Board of Control of the State Penitentiary shall at all times retain control and supervision over said convicts in the same manner and to the same extent as if they were apon the State farms or in the penitentiary walls.

STATE HIGHWAY FUND.

Sec. 17. (As amended by Act 237, 1918.) Be it further enacted, etc., That the Road Fund provided for and created by Act No. 14 of 1910, adopted as an amendment to the Constitution at the Congressional Election of 1910, and embodied as Article 291 of the Constitution of 1913, created to construct and keep in repair the State highways or public roads throughout the State, with the necessary culverts, bridges and drains, and all other appurtenances incident and accessory thereto, shall be set apart and dedicated to the carrying out of the provisions of this Act. Said fund shall be paid into the State Treasury, and shall be known and designated as the "State Highway Fund," and applied for the exclusive uses and purposes of this Act; provided, however, that from and after the first day of January, 1919, there shall also be created and maintained a special fund to be known as “State Highway Fund No. 2, Chef Menteur and Hammond-New Orleans State Highways," and into the last mentioned special fund shall be paid all motor vehicle licenese collected from the parishes of Jefferson, St. Charles, St. John the Baptist, Tangipahoa, St. Tammany and Orleans, and such portion or sufficient amount out of the special road tax collected under said Article of the Constitution from the Parish of Orleans as may be necessary to create and maintain a fund of Sixty Thousand Dollars per year, and said last mentioned special fund shall be set apart and dedicated for the purpose of paying any and all contracts heretofore made or hereafter to be made, and any and all bonds, notes or evidences of indebtedness made or issued by the State Highway 'Department to provide moneys for the cost of constructing the following State highways:

First. The Chef Menteur Road, commencing at People's Avenue, in the Parish of Orleans, and extending to a place in the Parish of St. Tammany, at the boundary line between the States of Louisiana and Mississippi, opposite or nearly opposite to Logtown, in the State of Mississippi; and,

Second. For the construction of a model State highway determined upon and laid out by the Highway Department, to extend approximately parallel to the Illinois Central Railroad from Hammond into New Orleans.

The State Treasurer is authoried to disburse said special funds for all expenditures authorized by this Act, upon warrant of the State Highway Engineer, approved by the President of the State Board of Engineers. When the said Chef Menteur Road and the said Hammond-New Orleans Road shall have been fully constructed and all obligations incurred for the construction of the same have been fully paid, principal and interest, the said "State Highway Fund No. 2, Chef Menteur and Hammond-New Orleans State Highways," shall be discontinued, and no moneys shall be set apart and dedicated thereto from the Parish of Orleans out of the special road tax collected under Article 291 of the Constitution. Any portion of the special road tax of one-quarter of a mill on the dollar collected under Article 291 of the Constitution of 1913, known herein as the “State Highway Fund,” not expended at the expiration of any fiscal year shall revert to the Road Fund and be used for the purposes and in the manner set forth in Act 49 of 1910.

WHAT TERM "HIGHWAY" INCLUDES.

Sec. 18. Be it further enacted, etc., That the term “State Highway" so used in this Act shall be construed to include all highways constructed under the provisions of this Act, and all such highways heretofore constructed to which the aid of the State has been extended.

S

IMPROVEMENT, ETC., OF STREETS.

Sec. 19. Be it further enacted, etc., That nothing in this Act shall be construed as to allow the highway commission created under this Act to expend any funds of the State in the building or improvement of streets in incorporated cities or towns, except in such cases where the streets connect. two public roads constructed or improved under the provisions of this Act. REPEALING CLAUSE.

Sec. 20. Be it further enacted, etc., That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed.

Note. See Title “Public Works,” Subtitle "Board for Engineers," for duties imposed on Board relative to Highway Department. See Title "Motor Vehicles.”

Note The State is not liable to laborers, materialmen and subcontractors dealing with a contractor with whom the State has a contract for the improvement of a highway under this act. Laborers have no lien upon public roads upon which they perform work. The parish in which the road is located is liable to the State for the portion of the cost and therefore could not file a concursul proceeding. State et al. 18 с

Jackson, Jr., 137 L. 931. (The right of all parties to a contract under the act, are carefully considered).

For expropriation of property for purpose of constructing a highway see Police Jury, etc., V8 Martin, 140 L. 848. (See note to Sec. 14.) Limitation of right of tax. ation for the purpose. Billeaud vs. Police Jury, 141 L. 957. ASSENT TO ACT OF CONGRESS-AGREEMENT WITH

UNITED STATES.

Act 214 of 1918, p. 396. TITLE. AN ACT to require that the General Assembly of the State of Louisiana

assent to the provisions of the Act of Congress, approved July eleventh, nineteen hundred and sixteen, entitled "An Act to provide that the United States shall aid the States in the construction of rural post oads, and for other purposes."

Section 1. Be it enacted by the General Assembly of the State of Louisiana, That the State of Louisiana hereby assents to the provisions of the Act of Congress, approved July eleven, nineteen hundred and sixteen, entitled "An Act to provide that the United States shall aid the States in the construction of rural post roads, and for other purposes," found in the thirty-ninth U. S. Statutes at Large, page three hundred and fifty-five. The State Highway Department is hereby authorized to enter into all contracts and agreements with the United States Government relating to the construction and maintenance of rural post roads under the provisions of said Act of Congress; to submit such scheme or program of construction and maintenance as may be required by the Secretary of Agriculture of the United States of America, and do all other things necessary to fully carry out the co-operation contemplated and provided for by the said Act. The good faith of the State of Louisiana is hereby pledged to make available funds sufficient to equal the sums apportioned to the State by or under the United States Governmeat during each of the five years for which Federal Funds are appropriated by the said Act, and to maintain the roads constructed under the provisions of the said Act, and to make adequate provisions for carrying out such maintenance.

Sec. 2. Be it further enacted, etc., That all laws inconsistent or in co2flict herewith, are hereby repealed. DEPOSIT OF DONATIONS IN STATE TREASURY.

Act 75 of 98, p. 112. TITLE AN ACT to authorize the Highway Department to receive and deposit in

the State Treasury, to the credit of the State Highway Fund, any sum that it may receive by way of donation or otherwise toward the construction of any highway.

Section 1. Be it enacted by the General Assembly of the State of Louisiana, That the Highway Department of the State of Louisiana shall be authorized to receive, either before or after the construction of any highway, any donation towards the cost thereof, and shall deposit the same in the State Treasury, to the credit of the State Highway Fund.

Sec. 2. Be it further enacted, etc., That all laws inconsistent or in conflict herewith, are hereby repealed,

DEPARTMENT MAY ISSUE CERTIFICATES BASED ON

CERTAIN LICENSES.

Act 41, E. S. 1917, p. 69. TITLE. AN ACT authorizing the Highway Department of the State of Louisiana to

anticipate the revenues of certain specially dedicated funds arising from the collection of licenses on motor vehicles, by issuance of certificates of indebtedness secured by, and to be paid out of, the collection of said li. censes so dedicated, creating between the holders of said certificates, the Highway Department and the Treasury of the State an irrevocable contract to provide for the payment of said certificates out of funds so dedicated, to provide for the sale of such certificates, and to define the duties of the Highway Engineer and of the State Treasurer, Secretary of State and Auditor in connection therewith and to provide for a fiscal

agent to whom the funds shall be let for deposit. CONTRACTS WHICH MAY BE LET.

Section 1. Be it enacted by the General Assembly of the State of Louisiana, That all collections made by the Secretary of State for motor vehicle licenses from the Parishes of Jefferson, St. Charles, St. John the Baptist, Tangipahoa, St. Tammany, and Orleans having been specially transferred to the Highway Department of the State of Louisiana by virtue of Act No. — of the Extra Session of the Legislature for the year 1917, and the said act having specially allotted, dedicated and set apart to a special and specific funds the proceeds of all licenses, fines and penalties collected in the aforementioned Parishes as may be necessary, first, for the completion of the Chef Menteur Road in the Parish of Orleans and St. Tammany, already begun and contracted for and for the construction of all such bridges as may be necessary for said road, with the proceeds of this license and the State Highway Department having determined on the construction and maintenance of model State highways to extend from New Orleans parallel to the Illinois Central Railroad from Hammond to New Orleans on such route as the Highway Department of the State of Louisiana may deem wise to designate, and as provided for in Act No. of the Extra Session of the General Assembly of the State of Louisiana for the year 1917, entitled "An Act to amend the title and Section 11 of Act 260 of 1914, approved July 9th, 1914."

The Highway Engineer of the State of Louisiana is hereby specially authorized to let such contracts in accordance with the terms of Act 49 of 1910 as will complete and construct such State highways suggested in this Act; provided that before any such contract is let. same shall be approved by the State Board of Liquidation. ANTICIPATION OF REVENUE-ISSUE OF CERTIFICATES.

Sec. 2. Be it further enacted, etc., That in order to provide funds for the payment of the contracts provided for in Section 1 of this Act, the State Highway Engineer shall be allowed to anticipate the revenues arising from the collection of motor vehicle licenses in the Parishes of Orleans, Jefferson, St. Charles, St. John the Baptist, Tangipahoa and St. Tammany and shall be allowed to issue, to provide for the payment under said contracts, negotiable certificates of indebtedness against the revenues of specific years, the said certificates to be made payable to bearer, to have attached semi-annual interest bearing coupons, and said certificates to be signed by the Highway Department of the State of Louisiana through the Highway Engineer and to be countersigned by the Secretary of State and the Treas. urer of the State of Louisiana. The said certificates to be issued numeri.

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