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NO. R-08-260

~ ICIT Y HAL L : Mav 15.2008

COUNCILMEMBERS FIE~W, MI~A AND HED~

WHEREAS, the United States Army Corps of Engineers (the Corps) has

requested right of entry and right of use for property along parts of the 17th Street Canal

and has already exercised this right along the London Avenue Canal in order to

implement its Tree and Fence Removal Program; and

WHEREAS, the implementation of the Corps'Tree and Fence Removal

Program will result in the loss of property for many residents along the 17th Street

Canal which has already been experienced by property owners London A venue Canal

without any compensation; and

\VHEREAS, the Corps maintains that the residents along the 17th Street Canal

and London A venue Canal are not entitled to any compensation for the right of entry and

right of use on their property under Louisiana state law LSA R.S. 19:14 and LSA-R.S.

38:225; and

\VHEREAS, while the Corps' Tree and Fence Removal Program would actuaHy

prohibit the residents from using their own property in any manner at any time, the

residents will still retain all obligations to maintain the property, pay taxes on the

property, and be liable for the property; and

\VHEREAS, the residents living along the 17th Street Canal levees of Lakewood

South and L akeview North unanimously united to fonn the 17th Street Canal Coalition

for the purpose of supporting stronger flood protection without the illegal seizure of

private property without compensation; and

\VHEREAS, property owners on Warrington Drive and Pratt Drive, in Filmore

Gardens and the Vista Park neighborhoods along the London A venue Canal levees are

also united for the purpose of supporting stronger flood protection without the illegal

seizure of private prope11y without compensation; and

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WHEREAS, 17th Street Canal Coalition has been instrumental in helping to draft

and introduce House Bill 1219, sponsored by Representative Nick Lorusso, which

clarifies that LSA-R.S. 19:14requires compensation to residents along drainage canals

and outfall canals like the 17th Street Canal and the London A venue Canal if their

property is taken for any type of servitude, right of entry, and/or right of use; and

WHEREAS, it is the sense of the Council that every effort should be made to

provide fair and just consideration to residents along the 1ih Street Canal and the London

Avenue Canal; now, therefore

BE I T RESOL VED BY THE COUNCI L OF THE CI TY OF NEW

ORLEANS, that it supports and encourages the efforts of the 171h Street Canal Coalition

and property owners along the London A venue Canal and urges the Louisiana Legislature

to adopt HB 1219 which would clarify property owners' rights to fair compensation.

BE IT FURTHER RESOLVED that certified copies of this Resolution be sent

to all members of the New Orleans delegation to the Louisiana State Legislature and to

Southeast Louisiana Flood Protection Authority-East Board's President, Mr. Timothy

Doody.

THE FOREGOI NG RESOLUTI ON WAS RE AD I N F UL L , T HE ROL L WAS