LSU Chemistry Professor Isiah Warner was awarded a $1 million professorship from the Howard Hughes Medical Institute. Warner intends to use the funds to establish a diversity mentoring program to enhance science education among minorities to encourage minorities to enter science professions. LSU already produces more African-American chemistry Ph.D.’s than any other graduate shcool in the country, largely due to the efforts of people like Professor Warner. Congratulations Dr. Warner! For full story see
http://www.hhmi.org/news/professor-warner.html

In a remarkable decision featuring something less than seamless harmony among the justices, the Louisiana Supreme Court recently considered the meaning of “component parts” of an immovable under Louisiana Civil Code Article 466, Component Parts of Buildings or Other Constructions. The issue in the case was whether nuclear cameras at a hospital had become “immobilized,” and thus not subject to local sales and use taxes. The decision carries far-reaching implications which have already stirred the Louisiana legislature into activity to deal with the potential fall-out from the decision. Continue Reading Louisiana Supreme Court Weighs In On “Component Parts” of an Immovable – and the Legislature Rides to the Rescue

A lease usually imposes on the tenant an obligation to return the leased property in the same condition as when delivered, excepting ordinary wear and tear. Even in the absence of such a contractual clause, an obligation to so restore the leased property is imposed by law. This type of obligation may impose on a tenant more far-reaching consequences than anticipated. Download article and see page 2

If you think that Louisiana’s environmental penalty settlement process is already political – you ain’t seen nothin’ yet! Representative Wayne Waddel of Shreveport has introduced House Bill 347 in the 2005 Louisiana Legislative Session to amend the environmental statutes to require that ten percent of any fine imposed by the Louisiana Department of Environmental Quality or ten percent of any settlement of any environmental penalty be given to the parish governing authority for the parish where the violation occurred. The bill has been assigned to the Appropriations committee rather than the Environment committee for review. The text of this bill as well as any schedule for hearings can be located at the Legislature’s web site http://www.legis.state.la.us through the “Bill Search” feature.

Amicus curiae brief filed by Kean Miller Partners Bill Jarman and Linda Akchin for the American Petroleum Institute, the Louisiana Mid-Continent Oil & Gas Association, and the Louisiana Independent Oil & Gas Association.

Summary:

In Terrebonne Parish School Board vs. Castex Energy, et al., the Louisiana Supreme Court has held that a mineral lessee has no implied obligation to backfill oilfield access canals when the oil company’s lease granted an express right to dredge canals and where there is no evidence that the oil company lessees exceeded the rights granted to them under the lease or acted unreasonably or negligently in dredging the canals. Article 122 of the Louisiana Mineral Code only imposes a duty to restore the surface to its original condition where there is evidence of unreasonable or excessive use of the surface of leased premises. Continue Reading Louisiana Supreme Court Clarifies Mineral Lessee’s Surface Restoration Obligations in School Board vs. Castex Energy

The Louisiana Supreme Court recently adopted a new Rule XII Section 13, governing the participation by out of state attorneys in Louisiana litigation. Often, guest attorneys desire to participate in Louisiana cases on a pro hac vice basis. The new rule governs such participation. Read more.

After twenty years of fighting tenant-favorable bankruptcy decisions on lease assignments, landlords have won a major victory. The case of In re Trak Auto Corporation v. West Town Center, LLC, 2004 WL 856859 (4th Cir.), decided April 22, 2004, could be a turning point in upholding a landlord’s rights to enforce lease restrictions on use, alterations and other operating issues.

The issue revolved around a limitation in the Trak lease that permitted only the retail sale of automobile parts and accessories and such other items as are customarily sold by Trak at its other auto stores. Trak also agreed to use the leased property only as a Trak Auto Store. Continue Reading Chalk One Up for the Landlords: Use Clauses Must be Honored in Tenants’ Bankruptcies

The Louisiana Supreme Court recently handed down a decision in Bridges v. Autozone Properties, Inc. The court determined that the Autozone real estate investment trust had adequate presence in the state of Louisiana to be subject to the jurisdiction of Louisiana’s courts. Although the court suggests that it did not reach the question of the tax liability of AutoZone, the decision contains many pages of discussion re: nexus to tax and states, “Since the taxing jurisdiction, Louisiana, has helped to create the income, it should not be prevented from assessing a constitutionally permissible share of those gains in the form on income taxes for the support of government.” The Court reversed the granting of AutoZone’s exception of lack of personal jurisdiction and remanded the case for further proceedings.

Read the decision.

In November 2004, the Louisiana voters approved a new Constitutional Amendment to revise Louisiana’s Homestead exemption law for ad valorem tax purposes. While this new law is helpful in clarifying a number of issues, it does create a trap for the unwary. Specifically, the new law has been interpreted to deny the homestead exemption for individuals who transfer their homes into revocable trusts (also known as living trusts). Continue Reading New Louisiana Homestead Exemption May be a Trap for the Unwary

In an unprecedented hearing today, the Louisiana Tax Commission ruled to give 90% obsolescence to Future Utility wells, reversing the Commission’s adopted rule of 60% for Future Utility wells published in the January Louisiana Register.

LIOGA President Don Briggs, Daron Frederickson and Ken Cariker of Affiliated Tax Consultants, and Chris Dicharry of Kean Miller, all testified on behalf of LIOGA and the industry in today’s hearing. There are approximately 10,200 Future Utility wells in the state of Louisiana. The reversal of the Tax Commission from 60% obsolescence to 90% obsolescence is a major victory for industry.