FILE:  DFI

 

LEASE OF SCHOOL LANDS

 

 

The Avoyelles Parish School Board may execute a lease of any of its school land.  Leases for the production and removal of minerals granted by or on behalf of the School Board shall provide for a minimum of royalties of one-sixth on all oil and gas, sulphur, potash, and other minerals produced and saved and five percent (5%) on lignite and salt.  All mineral leases shall be advertised, received, opened and accepted/rejected by the School Board.  The School Board may reject any and all bids that may be submitted or may lease a lesser quantity of property than advertised and withdraw the rest.  The School Board may request the State Mineral Board to advertise, receive, open and accept mineral leases on its behalf.

 

Leases for the purposes of trapping, grazing, hunting, agriculture/farming or any other legitimate purposes other than for removal of oil, gas, or other minerals, may be executed on such terms and conditions as are in the best interest of the School Board and in compliance with state law. 

 

The School Board shall require all appropriate leases, as determined by the School Board's legal adviser, to include the purchase of appropriate liability insurance by the individual or organization leasing the property, which shall hold the School Board free from any liability that may result directly or indirectly from the leased property's usage.  For farm leases and any lease of property that has Avoyelles Parish School Board buildings, the lessee must agree to obtain and maintain acceptable liability insurance coverage with limits of at least $500,000 and to have the School Board named as an additional insured on such coverage.  For leases of campsite property, the lessee must obtain and maintain insurance coverage with limits of at least $100,000, with the School Board named as an additional insured. 

 

GEOPHYSICAL OR SEISMIC SURVEY PERMITS

 

The School Board may grant permission for geophysical or seismic surveys to be conducted on School Board property.  For the privilege of conducting seismograph exploration over and across lands owned by the School Board, application must be submitted to the School Board seeking permission to conduct surveys.  If said application is approved by the School Board, the applicant shall be permitted to conduct its seismographic operations in accordance with terms and conditions set forth in the permit agreement for a minimum fee as set by the School Board.  All applications shall contain pertinent information to adequately evaluate the proposed survey.

 

RIGHTS-OF-WAY

 

The Avoyelles Parish School Board may grant rights-of-way on school lands upon formal written request.  No application for a right-of-way shall be considered unless certificate of publication of due notice is on file in the office of the School Board, showing advertisement of the pending application has been made two (2) times within ten (10) days in the official journal of the parish wherein the school lands are situated.  A fee may be charged for such privilege.

 

OLD RIVER CAMPSITES AND HOMESITES

 

The campsites and homesites have been divided by the School Board into three (3) distinct and different parts for the purpose of establishing campsite and homesite rental fees, as follows:

 

  1. The sites on the northeast side of the road, along Old River, shall be designated as Section A and the rental fees on those campsites and homesites upon lease renewal shall be set by the School Board.

  2. The sites on the southwest side of the road shall be designated as Section B and the rental on those campsites and homesites upon lease renewal shall be set by the School Board.

  3. The sites on the northeast side of the river shall be designated as Section C and the rental on those campsites and homesites upon lease renewal shall be set by the School Board.

 

Beginning with 2015, at the end of the current lease, all campsite and homesite leases shall be executed for a period of five (5) years and the leases shall hold the lessee responsible for keeping the property in a clean and usable condition free from unsightly garbage and refuse.  Violation of this clause shall result in immediate termination of the lease.  The School Board shall review and set rates on a five-year basis.

 

Any lease shall also contain a provision that any individual who transfers any kind of ownership of a camp or home or makes any improvements on the property which shall require recognition by the School Board for that person to lease the property the subsequent year, the deed in the case of transfer or the lease in cases of improvements shall be filed with the Parish Clerk of Court.  The lessee shall pay the filing fee to the School Board in order for the School Board to record the lease.

 

INDEMNIFICATION

 

The lessee shall occupy the leased premises at the lessee’s own risk and shall indemnify the Avoyelles Parish School Board against any expense, loss, cost, damage, claim, action or liability paid or incurred as a result of any breach by the lessee, the lessee’s agent, employees, invitees or licensees of any terms or conditions of the lease, or as a result of the lessee’s use or occupancy of the leased premise or the carelessness, negligence, or improper conduct of the lessee, the lessee’s agents, employees, invitees or licensees.

 

PUBLIC USE REGULATIONS

 

Campsites and Homesites 

 

Campsite and homesite leases may be executed between the School Board and private individuals for camp sites on uncleared School Board owned lands.  Campsites and homesites leases shall be executed for a period of five (5) years and the rates shall be set and adjusted by the School Board on a five-year basis.  The following regulations shall apply:

 

  1. All new applicants shall be pre-screened through criminal background checks prior to being eligible to lease property.  Felons and habitual offenders shall be excluded from being eligible to lease or be present on School Board property at all School Board sections.

  2. Tree-cutting shall not be allowed without prior approval from the Avoyelles Parish School Board.  Recommended penalties are as follows:  First offense, $200; second offense, termination of lease agreement/eviction.  Fines must be paid within thirty (30) days of notice.  Unpaid fines may result in termination of lease agreement/ eviction.

  3. The property shall be free from trash and debris, i.e. furniture, stray tools, abandoned vehicles. etc.  Recommended penalties are as follows:  $100 fine for the first offense with two (2) weeks’ notice for removal of item/items; second offense, $300 per item; third offense, termination of lease agreement/eviction.  There shall be no dumping in or around property including wooded areas.  Fines must be paid within thirty (30) days of notice.  Unpaid fines may result in termination of lease agreement/ eviction.

  4. Anyone who commits and is convicted of a felony while leasing property from the School Board shall be subject to termination of lease agreement/eviction.

  5. All lessees with structures on School Board property shall be required to comply with all Avoyelles Parish Permit Ordinance and Flood Damage Prevention Ordinance.  All structures should also be maintained and be deemed safe and habitable.  Recommendations for penalties are as follows:  First offense, warning with ninety (90) days to comply; second offense, termination of lease agreement/eviction.  Abandoned camps or homes shall be condemned and removed from property site with termination of lease agreement/eviction within ninety (90) days.

  6. All property shall be in compliance with the Sanitation Code and with the Board of Health's standards for proper sewage and in compliance with regulations for enclosures of sewage ponds when applicable.  Prior to new leases being signed, a property inspection for proper sewage compliance shall be conducted by the Department of Health.

  7. Grass shall be maintained around living area of property.  Recommended action:  notify individuals leasing the property that grass should be maintained.

  8. All School Board properties shall be inspected annually during the summer prior to renewal of leases.  All property shall be inspected prior to new lease agreements being signed.

  9. There shall be no sub-leasing of camps or homes.  Recommended penalties:  First offense, $200 fine with one month notice; second offense, termination of lease agreement/eviction.  The School Board investigate all reports of sub-leasing.  Fines must be paid within thirty (30) days of notice.  Unpaid fines may result in termination of lease agreements/eviction.

 

Leasing for Agricultural Purposes 

 

School Board lands which are presently cleared lands shall be leased annually for agricultural purposes.  Leases shall be determined by competitive, sealed bids after advertising in the official journal of the School Board.

 

When surface leases are executed by the School Board, the lease shall contain a payment due date.  A delinquent period from the due date shall be included in every lease, and if payment has not been received upon the expiration of the delinquent period, the lease shall automatically be terminated.

 

Recreational Use

 

The School Board is of the consensus that all wooded School Board lands should be open to all citizens for recreational purposes.  No exclusive hunting or fishing rights shall be granted to one individual or group of individuals, except on those sections set forth below.  However, the School Board may require user/hunting permits for any 16th Section Lands or any property where the School Board may grant public access.

 

School Board lands with no campsites, namely, Township 1 North, Range 6 East, Pomme de Terre; Township 2 North, Range 3 East, Ginn Lake; and Township 2 North, Range 7 East, Grassy Lake; can be leased pursuant to Louisiana Law for the purpose of hunting and fishing.

 

In the recreational use of school lands by the general public, damage to or removal of trees shall be prohibited without prior approval.

 

Grazing Rights

 

The School Board shall also prohibit the granting of a surface lease to one individual or group for exclusive grazing rights on School Board lands.

 

Revised:  October, 2001  Revised:  June, 2009
Revised:  July, 2002 Revised:  June, 2010
Revised:  September, 2002  Revised:  October, 2010
Revised:  January, 2005 Revised:  November, 2010
Revised:  August, 2005 Revised:  February, 2012
Revised:  July, 2008 Revised:  May 5, 2015
Revised:  February, 2009  

 

 

Ref:     Constitution of Louisiana, Art. VII, Sec. 4(c), Art IX, Sec. 4(b)

La. Rev. Stat. Ann. §§17:87, 17:87.1, 17:87.2, 17:87.3, 17:87.8, 30:121, 30:124, 30:125, 30:126, 30:127, 30:127.1, 30:128, 30:129, 30:129.1, 30:151, 30:152, 30:153, 30:154, 30:155, 30:156, 41:1211, 41:1212, 41:1213, 41:1214, 41:1215, 41:1215.1, 41:1215.2, 41:1216, 41:1217, 41:1218, 41:1219, 41:1220, 41:1221, 41:1222, 41:1223, 41:1224

Board minutes, 12-3-57, 10-3-61, 12-7-65, 1-4-66, 1-3-67, 12-2-69, 12-4-73, 2-4-75, 6-15-76, 1-13-98, 8-7-01, 5-21-02, 9-3-02, 11-9-04, 6-7-05, 8-30-05, 11-6, 07, 6-3-08, 10-7-08, 4-7-09, 8-4-09, 4-6-10, 6-1-10, 9-7-10, 11-2-10, 2-7-12, 6-5-12, 10-2-12, 5-5-15

 

Avoyelles Parish School Board