La. R.S. » RS
Louisiana Revised Statutes & Codes

La. Rev. Stat. § 56:428 (2026)

✓ current as of May 2026
Find cases: SyfertCases citing this section LA-LEGlegis.la.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

§428. Commencement and duration of lease; renewal; fixing of rental rates

Notes of Decisions
Cited in 12 cases (3 in the last 5 years), 1993–2022 · leading case: Jurisich v. Jenkins, 749 So. 2d 597 (La. 1999).
Sort: Relevance Newest Treatment
Jurisich v. Jenkins, 749 So. 2d 597 (La. 1999). · cites it 10× “R.S. 56:428. At issue is the question of whether the Secretary may refuse to renew oyster leases unless the oyster lessees agree to the inclusion of an onerous condition which was not part of their original lease agreements.”
Avenal v. State, 886 So. 2d 1085 (La. 2004). · cites it 5× “R.S. 56:428(A). La. R.S. 56:425(C) recognizes that the Secretary may "make such stipulations in the leases made by him as he deems necessary and proper to develop the [oyster] industry" provided that the clauses are consistent *1096 with the statutory provisions of Subpart D.”
Avenal v. State, Dept. of Nat. Resources, 858 So. 2d 697 (La. Ct. App. 2003). · cites it 3× “R.S. 56:428 A. The owners of expiring oyster leases have the first right of renewal of their oyster leases provided the lease is capable of supporting oyster populations.”
Inabnet v. Exxon Corp., 642 So. 2d 1243 (La. 1994). “56:430 requires the lessee to keep a certain percentage of the leased water bottoms under cultivation.”
Slavich v. State, Ex Rel. Dept. of Wild. & Fish., 994 So. 2d 85 (La. Ct. App. 2008). · cites it 2× “LSA-R.S. 56:428(A). Louisiana Revised Statutes 56:425(C) recognizes that the Secretary may "make such stipulations in the leases made by him as he deems necessary and proper to develop the [oyster] industry" provided that the clauses are consistent with the statutory provisions…”
Jurisich v. Hopson Marine Serv. Co., Inc., 619 So. 2d 1111 (La. Ct. App. 1993). “LSA-R.S. 56:428 does not grant automatic renewal rights in perpetuity to plaintiffs.”
Vekic v. Popich, 215 So. 3d 483 (La. Ct. App. 2017). “R.S. 56:428(E). Mr. Vekic fails to confront this authority.”
Jurisich v. Jenkins, 722 So. 2d 1008 (La. Ct. App. 1998). “[3] LSA-R.S. 56:428 provides in part: A. [L]eases made under the provisions of this Subpart shall begin on the day the lease is signed and continue for a period of fifteen years.”
Van Robin & Oyster Fisheries, Inc. v. Courtney Creighton-Smith (La. Ct. App. 2022). · cites it 5× “R.S. 56:428; La. R.S. 56:432.15 La. R.S. 56:428(A) also allows the State to forego giving an oyster lessee the first right of renewal under his lease upon a determination that the lease is not capable of supporting oyster populations.”
Succession of Barrois, 184 So. 3d 230 (La. Ct. App. 2016). “R.S. 56:428, which provides for the right of first refusal to owners of expiring leases.”
Campo v. United States (Fed. Cl. 2021). “R.S. 56:428(A). La. R.S. 56:425(C) recognizes that the Secretary may “make such stipulations in the leases made by him as he deems necessary and proper to develop the [oyster] industry” provided that the clauses are consistent with the statutory provisions of Subpart D.”
Campo v. United States (Fed. Cl. 2021). “R.S. 56:428(A). La. R.S. 56:425(C) recognizes that the Secretary may “make such stipulations in the leases made by him as he deems necessary and proper to develop the [oyster] industry” provided that the clauses are consistent with the statutory provisions of Subpart D.”
— La. Rev. Stat. § 56:428(A) — 7 cases
Avenal v. State, 886 So. 2d 1085 (La. 2004). “R.S. 56:428(A). La. R.S. 56:425(C) recognizes that the Secretary may "make such stipulations in the leases made by him as he deems necessary and proper to develop the [oyster] industry" provided that the clauses are consistent *1096 with the statutory provisions of Subpart D.”
Jurisich v. Jenkins, 749 So. 2d 597 (La. 1999). “R.S. 56:428. At issue is the question of whether the Secretary may refuse to renew oyster leases unless the oyster lessees agree to the inclusion of an onerous condition which was not part of their original lease agreements.”
Inabnet v. Exxon Corp., 642 So. 2d 1243 (La. 1994). “56:430 requires the lessee to keep a certain percentage of the leased water bottoms under cultivation.”
Slavich v. State, Ex Rel. Dept. of Wild. & Fish., 994 So. 2d 85 (La. Ct. App. 2008). “LSA-R.S. 56:428(A). Louisiana Revised Statutes 56:425(C) recognizes that the Secretary may "make such stipulations in the leases made by him as he deems necessary and proper to develop the [oyster] industry" provided that the clauses are consistent with the statutory provisions…”
Van Robin & Oyster Fisheries, Inc. v. Courtney Creighton-Smith (La. Ct. App. 2022). “R.S. 56:428; La. R.S. 56:432.15 La. R.S. 56:428(A) also allows the State to forego giving an oyster lessee the first right of renewal under his lease upon a determination that the lease is not capable of supporting oyster populations.”
— La. Rev. Stat. § 56:428(B) — 3 cases
Jurisich v. Jenkins, 749 So. 2d 597 (La. 1999). “R.S. 56:428. At issue is the question of whether the Secretary may refuse to renew oyster leases unless the oyster lessees agree to the inclusion of an onerous condition which was not part of their original lease agreements.”
Slavich v. State, Ex Rel. Dept. of Wild. & Fish., 994 So. 2d 85 (La. Ct. App. 2008). “LSA-R.S. 56:428(A). Louisiana Revised Statutes 56:425(C) recognizes that the Secretary may "make such stipulations in the leases made by him as he deems necessary and proper to develop the [oyster] industry" provided that the clauses are consistent with the statutory provisions…”
Van Robin & Oyster Fisheries, Inc. v. Courtney Creighton-Smith (La. Ct. App. 2022). “R.S. 56:428; La. R.S. 56:432.15 La. R.S. 56:428(A) also allows the State to forego giving an oyster lessee the first right of renewal under his lease upon a determination that the lease is not capable of supporting oyster populations.”
— La. Rev. Stat. § 56:428(E) — 1 case
Vekic v. Popich, 215 So. 3d 483 (La. Ct. App. 2017). “R.S. 56:428(E). Mr. Vekic fails to confront this authority.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.