Livingston School Board suing over tract
DENHAM SPRINGS — The Livingston Parish School Board asked a state district judge Friday to rule that a disputed 143-acre tract of land near French Settlement belongs to the state.
The board filed suit in 21st Judicial District Court against 35 landowners, alleging the land in question had been illegally bought and sold, a copy of the lawsuit says.
The suit, authorized by the School Board in March, asks the court for a “declaratory judgment,” a ruling that the land belongs to the state of Louisiana.
“Obviously we will have to have a hearing,” said Glen R. Petersen, the School Board’s attorney. “Each side will be allowed to put on whatever evidence they have and the court will have to make a decision as to who owns the land.”
At the heart of the dispute is the 143-acre tract just north of French Settlement in southern Livingston Parish. The property lies in “Section 16” land set aside by the federal government to be used in trust for public education.
If the land in dispute had been sold or changed hands legally, the lawsuit alleges, there would be records of the transactions on file with the state.
“The State of Louisiana has never sold any portion of the tract in question and no records exist that bear out any sale,” the suit reads.
Any sales that occurred could not have included title searches or had faulty title searches, the suit alleges.
Three subdivisions have been built that lie at least partially in the parish’s Section 16 tract: Colyell Campsites, Colyell Bay Campsites and Colyell Homesites, the suit says.
The three subdivisions have 82 lots among them, the suit says.
Many of the lots are occupied by mobile homes; some have permanent structures. Many of the lots have direct access to Colyell Bay, which provides access to the Diversion Canal and the Amite River.
Five parcels are owned by individuals, the two largest by Livingston Furniture store owner Valery Watts and Cashio Realty Ventures L.L.C., the suit says.
The suit asks that 21 of the 35 named defendants in the suit be served through Prairieville attorney Donnie Floyd.
Floyd, who could not be reached for comment Friday, has said in the past that he has traced titles to the land back as far as the 1870s, when a courthouse fire destroyed some records.
The fight over the land could become lengthy and costly, Floyd has said.
The landowners could demand to be reimbursed for any improvements they put on the property, as well as any property taxes paid, plus interest, Floyd said.
If the court rules in favor of the School Board, the board would have to decide how to treat the people who live on the land, Petersen said.
“This is just step one,” he said.
