St. Charles Parish - File #: 2019-0273

• File #: 2019-0273
• Version: 1
• Name: Request Attorney General Opinion with regards to the power and authority SCP may or may not have with respect to removing trees that are within a drainage servitude located on private property
• Type: Resolution
• Status: Failed
• File created: 9/9/2019
• In control: Parish Council
• On agenda: 9/9/2019
• Final action: 9/9/2019
• Title: A resolution requesting that the Louisiana Attorney General provide an Opinion with regards to the power and authority which the St. Charles Parish Administration and Governing Authority may or may not have with respect to removing trees that are situated within a publicly recorded dedicated drainage servitude located on private property.
• Sponsors: Paul J. Hogan
• Indexes: Attorney General, Drg., Legal Services (Dept. of), Public Works (Dept. of), Risk Management
• Related files: 2016-0413

Date	Ver.	Action By	Action	Result
9/9/2019	1	Parish Council	to extend time an additional three minutes	Pass
9/9/2019	1	Parish Council	Time Extended
9/9/2019	1	Parish Council	Approved	Fail
9/9/2019	1	Parish Council	Failed
9/9/2019	1	Council Member(s)	Introduced

2019-0273
INTRODUCED BY: PAUL J. HOGAN, PE, COUNCILMAN-AT-LARGE, DIVISION B
RESOLUTION NO.
Title
A resolution requesting that the Louisiana Attorney General provide an Opinion with regards to the power and authority which the St. Charles Parish Administration and Governing Authority may or may not have with respect to removing trees that are situated within a publicly recorded dedicated drainage servitude located on private property.
Body
SECTION I. Within the legal opinion to be provided, it is requested that the opinion also address the following questions:
1) The St. Charles Parish Home Rule Charter allows St. Charles Parish to self govern, and as long as the parish government's actions or inactions are not inconsistent with its Charter, Code of Ordinances, State Laws and the State Constitution, is it permissible for the parish to authorize and enforce the removal of any healthy or unhealthy and stable or unstable tree, or other objects that are situated within its publicly recorded dedicated drainage servitudes located on private lands, and if it is permissible, must the governing authority only make the final determination by ordinance or resolution?
2) Before any tree located within a publicly recorded dedicated drainage servitude located on private land can be considered for removal by the parish, must it have become a hindrance or impediment to only the flow of water (the purpose of the servitude) before the parish can take action to completely remove it from the drainage servitude so as to eliminate any potential parish liability, or must any tree situated within the limits of the servitude be an actual hindrance to the flow of water only, by it directly obstructing or impeding the flow of drainage water only?
3) Is it permissible for the Parish governing authority (the legislative branch) to abdicate, cede, relinquish, surrender or transfer its power, authority, and responsibility to render the final determination concerning the removal ...