Title 19, Expropriation
0 chapters · 203 sections in this title.
La. Rev. Stat. § 19:139.15 Notice to defendant
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§139.15. Notice to defendant A. Upon receipt of the deposit, the clerk of court shall issue a notice to each named defendant in the suit, notifying him that the property described in the petition has been expropriated for public purposes. B. This notice, together with a certified…
La. Rev. Stat. § 19:139.16 Contesting validity of taking; waiver of defenses
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§139.16. Contesting validity of taking; waiver of defenses A. Any defendant desiring to contest the validity of the taking on the ground that the property was not expropriated for a public use may file a motion to dismiss the suit within fifteen days from the date the notice was …
La. Rev. Stat. § 19:139.17 Defendant's answer; requirements; delay for filing
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§139.17. Defendant's answer; requirements; delay for filing When property is expropriated pursuant to this Part, any defendant may apply for a trial to determine the measure of compensation to which he is entitled, if: (1) He files an answer within one year from the date he is no…
La. Rev. Stat. § 19:139.18 Grant as additional authority
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§139.18. Grant as additional authority The right to take possession and title as provided in this Part is in addition to any right or authority conferred by the laws of this state under which expropriation proceedings may be conducted and shall not be construed as abrogating, eli…
La. Rev. Stat. § 19:139.2 Prayer of the petition; ex parte order of taking
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§139.2. Prayer of the petition; ex parte order of taking The petition shall conclude with a prayer that the property be declared taken for public purposes and, upon presentation of the petition, the court shall issue an order directing that the amount of the estimate be deposited…
La. Rev. Stat. § 19:139.3 Vesting of title
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§139.3. Vesting of title Title to the property and the property rights specified in the petition shall vest in the governing authority upon final court order declaring that the property described in the petition has been taken for the project, and the right to just and adequate c…
La. Rev. Stat. § 19:139.4 Notice to defendant
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§139.4. Notice to defendant A. Upon receipt of the deposit, the clerk of court shall issue a notice to each defendant in the suit, notifying him that the property described in the petition has been expropriated for public purposes. B. This notice, together with a certified copy o…
La. Rev. Stat. § 19:139.5 Contesting validity of taking; waiver of defenses
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§139.5. Contesting validity of taking; waiver of defenses A. Any defendant desiring to contest the validity of the taking on the ground that the property was not expropriated for a public use may file a motion to dismiss the suit within fifteen days from the date the notice was s…
La. Rev. Stat. § 19:139.6 Defendant's answer; requirements; delay for filing
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§139.6. Defendant's answer; requirements; delay for filing When property is expropriated pursuant to this Part, any defendant may apply for a trial to determine the measure of compensation to which he is entitled, if: (1) He files an answer within one year from the date he is not…
La. Rev. Stat. § 19:139.7 Grant as additional authority
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§139.7. Grant as additional authority The right to take possession and title as provided in this Part is in addition to any right or authority conferred by the laws of this state under which expropriation proceedings may be conducted and shall not be construed as abrogating, elim…
La. Rev. Stat. § 19:14 Possession of property; removal of facilities; objection; waiver
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§14. Possession of property; removal of facilities; objection; waiver A. In any case where the state or its political corporation or subdivision has actually, in good faith believing it had authority to do so, taken possession of privately owned immovable property of another, and…
La. Rev. Stat. § 19:141 Acquisition of property prior to judgment
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§141. Acquisition of property prior to judgment In any suit for the expropriation of property, including the fee simple title and servitudes, all port commissions and port authorities created by the constitution or statutes of Louisiana; Louisiana State University and Agricultura…
La. Rev. Stat. § 19:142 Contents of petition
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§142. Contents of petition The petition shall contain the allegations required in R.S. 19:2.1, but shall have annexed thereto the following: (1) A certified copy of a resolution adopted by the board of commissioners of the commission or authority filing the petition or by the Boa…
La. Rev. Stat. § 19:143 Appointment of estimators; restrictions in selection
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§143. Appointment of estimators; restrictions in selection The plaintiff shall select two or more persons to make the estimate, but at least one of them must be a licensed realtor who is familiar with land values in the vicinity of the property to be taken. Added by Acts 1958, No…
La. Rev. Stat. § 19:144 Prayer of the petition; ex parte order of taking
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§144. Prayer of the petition; ex parte order of taking The petition shall conclude with a prayer that the property and/or servitude be declared taken for public purposes and, upon presentation of the petition, the court shall issue an order directing that the amount of the estima…
La. Rev. Stat. § 19:145 Vesting of title
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§145. Vesting of title Upon the deposit of the amount of the estimate in the registry of the court, for the use and benefit of the persons entitled thereto, the clerk shall issue a receipt showing the amount deposited, the date it was deposited, the style and number of the cause,…
La. Rev. Stat. § 19:146 Notice to defendant
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§146. Notice to defendant Upon receipt of the deposit, the clerk of court shall issue a notice to each defendant in the suit, notifying him that the property described in the petition has been expropriated for public purposes. This notice, together with a certified copy of the or…
La. Rev. Stat. § 19:147 Contesting validity or extent of taking; waiver of defenses; judgment on validity or
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§147. Contesting validity or extent of taking; waiver of defenses; judgment on validity or extent of taking A. Any defendant desiring to contest the validity or extent of the taking on the ground that the property was not expropriated for a public use may file a motion to dismiss…
La. Rev. Stat. § 19:148 Right of possession; limitation by the court
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§148. Right of possession; limitation by the court If there are no buildings located wholly or partially upon the property described in the petition, the plaintiff shall be entitled to enter upon and take possession of the property upon the deposit of the estimated compensation. …
La. Rev. Stat. § 19:149 Withdrawal of amount deposited
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§149. Withdrawal of amount deposited Upon the application of any party in interest, and upon due notice to all parties, the court may order that the money deposited, or any part thereof, be paid forthwith to the person entitled thereto for or on account of the just and adequate c…
La. Rev. Stat. § 19:15 Jury costs; demand by expropriating authority
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§15. Jury costs; demand by expropriating authority If the expropriating authority has demanded a jury trial to determine compensation, the costs of the jury trial shall be assessed against the expropriating authority. Acts 1990, No. 133, §2.
La. Rev. Stat. § 19:150 Determining value where entire tract expropriated; jury demand
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§150. Determining value where entire tract expropriated; jury demand A. Where an entire lot, block or tract of land is expropriated, any defendant may apply for a trial to determine the market value of the property expropriated, provided: (1) He files an answer within thirty days…
La. Rev. Stat. § 19:151 Determining value and damages where part of a tract is expropriated; jury demand
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§151. Determining value and damages where part of a tract is expropriated; jury demand A. Where a portion of a lot, block or tract of land is expropriated, any defendant may apply for a trial to determine the just and adequate compensation to which he is entitled, provided: (1) H…
La. Rev. Stat. § 19:152 Laches by defendant forfeits defenses
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§152. Laches by defendant forfeits defenses Failure of a defendant to file his answer timely or to serve copies thereof timely constitutes a waiver of all his defenses to the suit. Added by Acts 1958, No. 204, §1.
La. Rev. Stat. § 19:153 Measure of compensation; burden of proof
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§153. Measure of compensation; burden of proof The market value is determined as in general expropriation suits but as of the time the estimated compensation was deposited in the registry of the court. Damage to the remainder of the property is determined as of the date of the tr…
La. Rev. Stat. § 19:154 Trial according to general expropriation laws
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§154. Trial according to general expropriation laws Except as provided in this Part, these suits are tried in accordance with the provisions of the general expropriation laws. Added by Acts 1958, No. 204, §1.
La. Rev. Stat. § 19:155 Judgment to provide interest
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§155. Judgment to provide interest The judgment rendered therein shall include, as part of the just compensation awarded, interest at the rate of five per centum per annum on the amount finally awarded as of the date title vests in the plaintiff to the date of payment; but intere…
La. Rev. Stat. § 19:156 Judgment as to difference awarded
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§156. Judgment as to difference awarded If the compensation finally awarded exceeds the amount so deposited, the court shall enter judgment against the plaintiff and in favor of the persons entitled thereto for the amount of the deficiency. If the compensation finally awarded is …
La. Rev. Stat. § 19:157 Distribution of final award
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§157. Distribution of final award The court also has the power to make such orders as are just and equitable with respect to distribution of the amount finally awarded. Added by Acts 1958, No. 204, §1.
La. Rev. Stat. § 19:158 Grant as additional authority
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§158. Grant as additional authority The right to take possession and title in advance of final judgment, as provided herein, is in addition to any right or authority conferred by the laws of this state under which expropriation proceedings may be conducted, and shall not be const…
La. Rev. Stat. § 19:159 Appeal; expedited review; effect of appeal
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§159. Appeal; expedited review; effect of appeal A. No party to an expropriation proceeding filed pursuant to this Part shall be entitled to or granted a suspensive appeal from any order, judgment, or decree rendered in such proceeding, whether such order, judgment, or decree is …
La. Rev. Stat. § 19:16 Expropriation by public entity; authority
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§16. Expropriation by public entity; authority Nothing in this Part shall alter or amend the authority of or the procedure for the state or its political corporations or subdivisions to expropriate property as otherwise provided by law. Acts 2012, No. 702, §1.
La. Rev. Stat. § 19:160 Divesting of title
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§160. Divesting of title The plaintiff shall not be divested by court order of any title acquired under these provisions except where such court finds that the property was not taken for a public use. In the event of such findings, the court shall enter such judgment as may be ne…
La. Rev. Stat. § 19:2 Expropriation by state or certain corporations, limited liability companies, or other legal
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§2. Expropriation by state or certain corporations, limited liability companies, or other legal entities Prior to filing an expropriation suit, an expropriating authority shall attempt in good faith to reach an agreement as to compensation with the owner of the property sought to…
La. Rev. Stat. § 19:2.1 Petition for expropriation; place of filing; contents; claims for damages; prescription
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§2.1. Petition for expropriation; place of filing; contents; claims for damages; prescription A. The rights of expropriation granted in R.S. 19:2 shall be exercised in the following manner: (1) A petition shall be filed by the plaintiff in the district court of the parish in whic…
La. Rev. Stat. § 19:2.2 Expropriation by expropriating authorities referred to in R.S
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§2.2. Expropriation by expropriating authorities referred to in R.S. 19:2 A. Before exercising the rights of expropriation provided by R.S. 19:2, any expropriating authority referred to in R.S. 19:2 shall comply with the following: (1) Provide the owner whose property is to be ta…
La. Rev. Stat. § 19:201 Attorney fees; unsuccessful or abandoned expropriation suits
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§201. Attorney fees; unsuccessful or abandoned expropriation suits A. A court of Louisiana having jurisdiction of a proceeding instituted by any expropriating authority referred to in R.S. 19:2 shall award the owner of any right, or title to, or interest in the property sought to…
La. Rev. Stat. § 19:251 Lafourche Parish Water District No.1; acquisition of property prior to judgment; definitions
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§251. Lafourche Parish Water District No.1; acquisition of property prior to judgment; definitions A. When the Lafourche Parish Water District No. 1 cannot amicably acquire property needed for its waterworks or sewerage systems, it may acquire the same by expropriation and may ac…
La. Rev. Stat. § 19:252 Contents of petition; place of filing
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§252. Contents of petition; place of filing The right of expropriation granted by this Part shall be exercised in the following manner: (1) A petition shall be filed by the district in the district court of the parish in which the property to be expropriated is situated. (2) The …
La. Rev. Stat. § 19:253 Prayer of the petition; ex parte order of taking
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§253. Prayer of the petition; ex parte order of taking The petition shall conclude with a prayer that the property be declared taken for public purposes and, upon presentation of the petition, the court shall issue an order directing that the amount of the estimate be deposited i…
La. Rev. Stat. § 19:254 Vesting of title
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§254. Vesting of title Title to the property and the property rights specified in the petition shall vest in the district upon final court order declaring that the property described in the petition has been taken for the project, and the right to just and adequate compensation t…
La. Rev. Stat. § 19:255 Notice to defendant
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§255. Notice to defendant A. Upon receipt of the deposit, the clerk of court shall issue a notice to each defendant in the suit, notifying him that the property described in the petition has been expropriated for public purposes. B. This notice, together with a certified copy of …
La. Rev. Stat. § 19:256 Contesting validity of taking; waiver of defenses
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§256. Contesting validity of taking; waiver of defenses A. Any defendant desiring to contest the validity of the taking on the ground that the property was not expropriated for a public use may file a motion to dismiss the suit within ten days from the date the notice was served …
La. Rev. Stat. § 19:257 Defendant's answer; requirements; delay for filing
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§257. Defendant's answer; requirements; delay for filing When property is expropriated pursuant to this Part, any defendant may apply for a trial to determine the measure of compensation to which he is entitled, if: (1) He files an answer within one year from the date he is notif…
La. Rev. Stat. § 19:258 Grant as additional authority
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§258. Grant as additional authority The right to take possession and title as provided in this Part is in addition to any right or authority conferred by the laws of this state under which expropriation proceedings may be conducted and shall not be construed as abrogating, elimin…
La. Rev. Stat. § 19:271 Terrebonne Parish Consolidated Government; authority to expropriate; acquisition of property prior to judgment; definitions
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§271. Terrebonne Parish Consolidated Government; authority to expropriate; acquisition of property prior to judgment; definitions A. When the Terrebonne Parish Consolidated Government cannot amicably acquire property needed for a street, parish road or highway, drainage, flood pr…
La. Rev. Stat. § 19:272 Contents of petition; place of filing
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§272. Contents of petition; place of filing The right of expropriation granted by this Part shall be exercised in the following manner: (1) A petition shall be filed by the plaintiff in the district court of the parish in which the property to be expropriated is situated. (2) The…
La. Rev. Stat. § 19:273 Prayer of the petition; ex parte order of taking
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§273. Prayer of the petition; ex parte order of taking The petition shall conclude with a prayer that the property be declared taken for public purposes and, upon presentation of the petition, the court shall issue an order directing that the amount of the estimate be deposited i…
La. Rev. Stat. § 19:274 Vesting of title
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§274. Vesting of title Title to the property and the property rights specified in the petition shall vest in the governing authority upon final court order declaring that the property described in the petition has been taken for the project, and the right to just and adequate com…
La. Rev. Stat. § 19:275 Notice to defendant
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§275. Notice to defendant A. Upon receipt of the deposit, the clerk of court shall issue a notice to each defendant in the suit, notifying him that the property described in the petition has been expropriated for public purposes. B. This notice, together with a certified copy of …