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La. Rev. Stat. § 38:369 Examination of juror
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§369. Examination of juror The court shall permit the parties or their attorneys to conduct the examination of a prospective juror and may itself conduct an examination, which shall be limited to ascertaining the qualifications of the juror. Acts 1985, No. 785, §1, eff. July 22, …
La. Rev. Stat. § 38:370 Peremptory challenges
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§370. Peremptory challenges Each side shall be allowed three peremptory challenges. If there is more than one party on any side, the court may allow each side additional peremptory challenges, not to exceed two. Each side shall be allowed an equal number of peremptory challenges.…
La. Rev. Stat. § 38:371 Challenges for cause
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§371. Challenges for cause A juror may be challenged for cause based upon any of the following: (1) When the juror lacks a qualification required by law. (2) When the juror has formed an opinion in the case or is not otherwise impartial, the cause of his bias being immaterial. (3…
La. Rev. Stat. § 38:372 Time for peremptory challenge
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§372. Time for peremptory challenge After the entire jury has been accepted and sworn, no party has the right to challenge peremptorily. Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:373 Challenging or excusing jurors after acceptance
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§373. Challenging or excusing jurors after acceptance Although the entire jury has been accepted and sworn, up to the beginning of the taking of evidence, a juror may be challenged for cause by either side or be excused either for cause or by consent of both sides, and the panel …
La. Rev. Stat. § 38:374 Swearing of jurors; selection of foreman
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§374. Swearing of jurors; selection of foreman When the jury has been accepted by all parties, the jurors shall be sworn to try the case in a just and impartial manner to the best of their judgment and to render a verdict according to the law and the evidence. When the jury has r…
La. Rev. Stat. § 38:375 Alternate jurors
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§375. Alternate jurors The court may direct that one or two jurors in addition to the regular panel be called and empanelled to sit as alternate jurors. Alternate jurors, in the order in which they are called, shall replace jurors who, prior to the time the jury retires to consid…
La. Rev. Stat. § 38:376 Time for charging the jury; recordation of charge
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§376. Time for charging the jury; recordation of charge After the trial of the case and the presentation of all the evidence and arguments, the court shall charge the jury in accordance with law. This charge shall be in writing or recorded in the same manner as testimony taken in…
La. Rev. Stat. § 38:377 Contents of charge to jury
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§377. Contents of charge to jury In his charge to the jury, the judge shall instruct the jurors on the law applicable to the cause submitted to them, but he shall not recapitulate or comment upon the evidence in such manner as to exercise any influence upon their decision as to t…
La. Rev. Stat. § 38:378 Instruction to jury; objections
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§378. Instruction to jury; objections A. At the close of the evidence or at an earlier time during the trial, as the court reasonably directs, a party may file written requests that the court instruct the jury on the law as set forth in the requests. The court shall inform counse…
La. Rev. Stat. § 38:379 Taking evidence to jury room
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§379. Taking evidence to jury room In reaching a verdict, the jurors should rely upon their memories, and when they retire to the jury room to deliberate, they shall not be allowed access to any written evidence or to any notes of the testimony of any witness, with the following …
La. Rev. Stat. § 38:380 Number required for verdict
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§380. Number required for verdict In order to reach any verdict, five of the jurors trying the case must concur therein. Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:381 Special verdicts
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§381. Special verdicts With the consent of all parties, the court may require a jury to return only a special verdict in the form of a special written finding upon each issue of fact. In that event, the court may submit to the jury written questions susceptible of categorical or …
La. Rev. Stat. § 38:382 General verdict accompanied by answer to interrogatories; objection
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§382. General verdict accompanied by answer to interrogatories; objection A.(1) The court may submit to the jury, together with appropriate forms for a general verdict, written interrogatories upon one or more issues of fact, the decision of which is necessary to a verdict. The c…
La. Rev. Stat. § 38:383 Remittitur or additur as alternative to new trial; reformation of verdict
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§383. Remittitur or additur as alternative to new trial; reformation of verdict If the trial court is of the opinion that the verdict is so excessive or inadequate that a new trial should be granted for that reason only, it may indicate to the party or his attorney the time withi…
La. Rev. Stat. § 38:384 New trial on showing of misconduct by jury
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§384. New trial on showing of misconduct by jury A new trial shall be granted if it is proved that the jury was bribed or has behaved so improperly that impartial justice has not been done. Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:385 Delay by defendant forfeits defenses; judgment
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§385. Delay by defendant forfeits defenses; judgment A. Failure of a party to file his answer timely constitutes a waiver of all his defenses to the suit including any claim for additional compensation. B. This provision shall be operative without formal order, but on ex parte mo…
La. Rev. Stat. § 38:386 Abandonment in trial and appellate court
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§386. Abandonment in trial and appellate court A. An owner's claim for an increase in the compensation is abandoned when he fails to take any step in the prosecution of that claim for a period of five years. This provision shall be operative without formal order, but on ex parte …
La. Rev. Stat. § 38:387 Measure of compensation; burden of proof
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§387. Measure of compensation; burden of proof A. The measure of compensation for the property expropriated is determined as of the time the estimated compensation was deposited into the registry of the court without considering any change in value caused by the proposed improvem…
La. Rev. Stat. § 38:388 Trial according to Code of Civil Procedure and the general expropriation laws
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§388. Trial according to Code of Civil Procedure and the general expropriation laws Except as provided in this Part, these suits shall be tried in accordance with the provisions of the Code of Civil Procedure and general expropriation laws. Acts 1985, No. 785, §1, eff. July 22, 1…
La. Rev. Stat. § 38:389 Judgment to provide interest
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§389. Judgment to provide interest The judgment rendered therein shall include, as part of the just compensation awarded, legal interest on the amount finally awarded as of the date title vests in the plaintiff to the date of payment, but interest shall not be allowed on so much …
La. Rev. Stat. § 38:390 Judgment as to difference awarded; payment of judgment
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§390. Judgment as to difference awarded; payment of judgment A. If the amount finally awarded exceeds the amount so deposited, the court shall enter judgment against the levee district or levee and drainage district and in favor of the persons entitled thereto for the amount of t…
La. Rev. Stat. § 38:391 Estimates less than deposit; plaintiff need not amend
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§391. Estimates less than deposit; plaintiff need not amend The plaintiff shall not be required to amend its petition in order to obtain judgment in an amount less than that originally deposited into the registry of the court. Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:392 Distribution of final award
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§392. Distribution of final award The court has the power to make such orders as are just and equitable with respect to distribution of the amount finally awarded. Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:393 Grant as additional authority
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§393. 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 or appropriation proceedings may be conducted and shal…
La. Rev. Stat. § 38:394 Devolutive appeal; effect of appeal
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§394. Devolutive appeal; effect of appeal A devolutive appeal shall lie from suits tried pursuant to this Part without any additional deposit by the plaintiff, and no appeal from any suit brought under the provisions of this Part shall operate to prevent or delay the vesting of t…
La. Rev. Stat. § 38:395 Divesting of title
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§395. 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 expropriated for a public purpose. In the event of such findings, the court shall enter such judgment a…
La. Rev. Stat. § 38:396 Appropriation; effect on other authority
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§396. Appropriation; effect on other authority Nothing in this Part shall be construed to affect the authority of any levee district or levee and drainage district conferred by the constitution or laws to appropriate property for levee, drainage, levee drainage, or related purpos…
La. Rev. Stat. § 38:4 Drainage and reclamation of property
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§4. Drainage and reclamation of property The Department of Public Works may, on its own initiative and at its own expense with any money appropriated by the State for these purposes, drain and reclaim, or cause to be drained and reclaimed, the undrained or partially drained marsh…
La. Rev. Stat. § 38:401 Levee boards and levee and drainage boards authorized to raise money for expenditure by the Mississippi River Commission
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§401. Levee boards and levee and drainage boards authorized to raise money for expenditure by the Mississippi River Commission The boards of commissioners of levee districts and levee drainage districts of this state may raise funds by taxes or otherwise to be expended by and und…
La. Rev. Stat. § 38:402 Appropriation of funds raised for levee purposes
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§402. Appropriation of funds raised for levee purposes A. Any levee board or levee and drainage board with the approval of the office of engineering may appropriate any funds raised under the provisions of R.S. 38:401 or any funds now on deposit in the state treasury heretofore r…
La. Rev. Stat. § 38:403 Sheriffs to furnish levee boards and levee and drainage boards with copy of settlement with state auditor
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§403. Sheriffs to furnish levee boards and levee and drainage boards with copy of settlement with state auditor The sheriffs of all parishes contained within any levee district or levee and drainage district of this state shall furnish quarterly to the secretary of the levee boar…
La. Rev. Stat. § 38:404 Levee commissioners and levee and drainage commissioners to levy taxes
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§404. Levee commissioners and levee and drainage commissioners to levy taxes For the purpose of providing revenue to carry out the objectives contemplated by this Chapter, the board of commissioners of any levee district or levee and drainage district of this state at any meeting…
La. Rev. Stat. § 38:405 Procedure for levying increased taxation
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§405. Procedure for levying increased taxation Whenever the commissioners of any levee district or levee and drainage district shall deem it necessary to increase the rate of taxation for levee purposes in their districts beyond the limit named in Article VI, Section 39 of the Lo…
La. Rev. Stat. § 38:411 Removal of produce before payment of assessment or contribution prohibited; penalty
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§411. Removal of produce before payment of assessment or contribution prohibited; penalty Produce liable to special assessment or forced contribution shall not be removed from the limits of the parish, levee district or levee and drainage district where the produce has been raise…
La. Rev. Stat. § 38:412 Recovery of penalties, costs and attorney's fees
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§412. Recovery of penalties, costs and attorney's fees The penalties, costs, and attorney's fees provided for in R.S. 38:411 shall be recovered by civil action brought in the name of the levee board or levee and drainage board to which the special assessment or forced contributio…
La. Rev. Stat. § 38:413 Service of process on watercraft
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§413. Service of process on watercraft The service of any and all judicial processes under the provisions of this Subpart upon any steamboat, vessel, or watercraft or the owners, masters, or persons in command thereof may be made on board upon the master, clerk, or mate of the bo…
La. Rev. Stat. § 38:414 Special assessments constitute liens on produce and other property
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§414. Special assessments constitute liens on produce and other property The special assessment or forced contribution levied on produce by the levee boards or levee and drainage boards shall be secured by first lien and privilege on the produce and on all other property of the p…
La. Rev. Stat. § 38:415 Penalties constitute lien on watercraft
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§415. Penalties constitute lien on watercraft The penalties, costs, and attorney's fees provided for in R.S. 38:411 against boats, vessels, and other watercraft shall be secured by first lien and privilege upon the boat, vessel, or other watercraft. Acts 1985, No. 785, §1, eff. J…
La. Rev. Stat. § 38:416 Assessors to prepare duplicate list of producers
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§416. Assessors to prepare duplicate list of producers A. The assessor of each parish wholly or in part within the limits of one of the levee districts or levee and drainage districts of the state shall make out and complete on or before the first day of June of each year a dupli…
La. Rev. Stat. § 38:417 Issuance of warrants for compensation of assessors upon completion of duties
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§417. Issuance of warrants for compensation of assessors upon completion of duties The state auditor shall not audit or warrant the compensation of any assessor of the state whose parish or any portion thereof lies within a levee district or levee and drainage district until the …
La. Rev. Stat. § 38:418 Sheriff ex officio collector of assessments
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§418. Sheriff ex officio collector of assessments A. The sheriff of each parish wholly or in part situated within the limits of one of the levee districts or levee and drainage districts of the state, except the parish of Orleans, shall be ex officio the collector of all local as…
La. Rev. Stat. § 38:419 Declaration by producers; estimate by sheriff
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§419. Declaration by producers; estimate by sheriff The assessor if so directed by the presidents of the various levee boards or levee and drainage boards shall, and the sheriff may, require each producer of articles liable to the produce special assessment or forced contribution…
La. Rev. Stat. § 38:420 Collection by sheriffs and deputies; returns of deputies
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§420. Collection by sheriffs and deputies; returns of deputies The sheriff is prohibited from entrusting the collection of the produce tax to any person who is not sworn as a deputy sheriff. Any sheriff violating this Section shall be fined not less than twenty-five dollars nor m…
La. Rev. Stat. § 38:421 Local assessments or forced contributions
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§421. Local assessments or forced contributions A. Atchafalaya Basin Levee District. The board of commissioners of the Atchafalaya Basin Levee District may levy annually a local assessment or forced contribution of two and a half cents on each acre of land within the district and…
La. Rev. Stat. § 38:431 Authority to issue bonds; interest rate, etc
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§431. Authority to issue bonds; interest rate, etc. The boards of commissioners of the levee districts and levee and drainage districts of the state may issue bonds not to exceed the total amount of bonds which they have been heretofore authorized by law to issue in the sums and …
La. Rev. Stat. § 38:432 Bonds in lieu of outstanding bonds
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§432. Bonds in lieu of outstanding bonds The intent of this Subpart is that the levee districts and levee and drainage districts may issue bonds in lieu of the bonds already authorized, not in addition thereto, but in carrying out the power to refund outstanding bonds into bonds …
La. Rev. Stat. § 38:433 Refunding of outstanding bonds
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§433. Refunding of outstanding bonds The refunding of the outstanding bonds of a levee district or levee and drainage district into the bonds authorized by this Subpart may be effected by a direct exchange of bonds or by a negotiation of the bonds authorized by this Subpart, and …
La. Rev. Stat. § 38:434 Exchange of new for old bonds; duties of state treasurer and auditor
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§434. Exchange of new for old bonds; duties of state treasurer and auditor The direct exchange of bonds shall be effected by the state treasurer, upon the warrant of the auditor of the state, in pursuance of a resolution of the levee board or levee and drainage board. The treasur…
La. Rev. Stat. § 38:435 Sale of bonds for redemption of outstanding bonds; disposition of surplus
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§435. Sale of bonds for redemption of outstanding bonds; disposition of surplus The bonds, when negotiated as authorized by R.S. 38:433, shall be issued to the purchaser or purchasers thereof by the treasurer of the state upon the warrant of the auditor and in pursuance of a reso…
