The Acadia Parish Planning Commission met in regular session on Tuesday, March 21, 2000 at 4:30 p.m. in the Police Jury Meeting Room, third floor, courthouse building, Crowley, Louisiana.
Members present: Members absent:
Leonard Spears, Chairman J.D. Sittig, Jr.
Andrew Bellard
Florette Bergeron
Thomas Freeland
Martin Guillory, Jr.
John E. Hains
Betty Pousson
Thomas Sonnier
Chairman, Leonard Spears called the meeting to order. By a unanimous vote the following agenda items were added: (1) discussion on Lowray Chachere addition (2) Request for clarification by Mr. Dan Guillory.
A motion was offered by Thomas Sonnier and seconded by Betty Pousson to approve the minutes of the February 15th meeting as amended. Motion carried.
Mr. Lowray Chachere represented by Mr. Malcolm Brasseaux requested the Commission consider a revision to the plans submitted for approval allowing for a reduction in dedicated right-of-way for Foster Lane to an original 25 feet. This request was a result of the Police Jury’s reluctance to accept that portion as public and the Commission’s concern for the utility poles located within the 50-foot right-of-way.
Members expressed concern that a cul-de-sac would be needed if Foster Lane was altered as suggested. The matter was referred to legal counsel.
Mr. Dan Guillory, Jr., representing Arnold Ledoux Farms expressed concern that developing property near Eunice would be hampered by the fact that the subdivision located on Carrera Lane was out of compliance and building permits may be denied for any future construction in other areas. He requested the Commission provide written clarification regarding property apart from the non-compliant subdivision and the issuance of building permits. Mr. Wallace Bourque, not in attendance and a potential property owner, requested clarification as well. Mr. Guillory indicated sales were lost due to this issue.
A motion was offered by Martin Guillory, seconded by Thomas Freeland to provide written clarification requested by Mr. Dan Guillory citing the Parish Ordinance and the definition of recognized subdivisions relating to number and size of lots sold. Motion Carried.
Mr. Mark Primeaux, developer of Primeaux Place Subdivision, was provided results of the preliminary review. The checklist submitted by the Parish Engineer was a basis for changes to be made to the original plans.
A motion was offered by Thomas Freeland and seconded by Florette Bergeron to approve the preliminary plans for Primeaux Place subdivision subject to the terms and conditions provided by the Parish Engineer. Motion Carried.
Chairman Spears noted that a subcommittee met to discuss the issue of royalties under dedicated roads in subdivisions. He noted that action on the revised request was tabled by the Police Jury in order for further review by the Commission. It was suggested that a written explanation be provided to the Police Jury Road and Bridge Committee outlining the reasons for the recommendation to allow developers to retain royalties. The following list was presented and to be included in the presentation to the Jury:
Discussions regarding the mineral estate under roads and streets dedicated to public use:
1. Under an estimated 98% of present parish roads, the adjacent landowners currently retain ownership of the minerals;
2. Mineral ownership may be reserved, producing or not, by developers in Lafayette and Jeff Davis parishes;
3. Mineral ownership may be reserved in perpetuity by seller in any sale of land to a state entity;
4. Mineral ownership may be reserved by seller in any sale of land to any other person or entity;
5. Mineral ownership may not be reserved by developers in St. Landry Parish;
6. The mineral estate is separate from the surface estate;
7. If no mineral production takes place during the 10 years following a sale of land, the mineral estate prescribes to the then surface owner;
8. Road & Bridge Committee suggestion that the parish should allow producing minerals to be reserved and non-producing minerals not to be reserved is not equal justice for mineral owners;
9. Requiring the grant of fee ownership of the minerals under roads and streets when dedicating to public use could be construed as confiscation of the mineral estate without compensation;
A motion was offered by Betty Pousson and seconded by Florette Bergeron to present to the Police Jury Road and Bridge Committee a written explanation and list of reasons for establishing the position to allow developers to retain royalties in all cases where roads are dedicated for public use. Motion carried.
The next meeting was set for April 18, 2000.
Due to no further business, the meeting was adjourned.
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