Tag Archives: Uptown Audubon

On Thursday, September 17, 2015—I spoke to the New Orleans City Council….

in my ideas: I spoke (for a whopping three minutes) at the City Council on Thursday morning and stated that the monuments should be protected by Federal Law under the 1969 National Environmental Policy and Protection Act, especially its “Cultural Resource Management” provisions and the National Historic Preservation Act.
 
I suggested to Councilwoman-at-Large Stacy Head, and the Council that an initial Environmental Assessment (E.A.) and Environmental Impact Statement (E.I.S.) should prepared concerning the physical and social environment of New Orleans. I would go so far as to suggest that the French Quarter and Garden District, at the very least, should be declared part of a UNESCO World Heritage Site.
 
So, I agree in principal that the monuments should be protected under Federal Law, but I do believe that all the monuments themselves rest on New Orleans Corporate (i.e. City owned) or Parish Property rather than Federal Property. I know of only one “National Park” within the City of New Orleans, namely the Jean Lafitte National Park…. If you know differently, please private message me and we can talk.
 
I met and introduced Tim Shea Carroll to the Archivist of the Clerk of Court, and I know he inquired about deed restrictions on the Beauregard Monument. If anything, there may be private servitudes under Louisiana Civil Code Law that control or should control the disposition of these monuments.
 
Landrieu has raised all this under New Orleans “Nuissance” Law, and “Nuissance Law” is fundamentally about land use and public policy—-I strongly contend that NEPA and NHSPA federally PREEMPT State and Local Nuissance Ordinances, but even just applying the Civil Code Law of Nuissance, I don’t think Landrieu’s position has any validity.