Title 38, Public Contracts, Works and Improvements
0 chapters · 1,355 sections in this title.
La. Rev. Stat. § 38:3384 South Louisiana Port and Intermodal Transportation Commission
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§3384. South Louisiana Port and Intermodal Transportation Commission A. The governing authorities of St. John the Baptist Parish and the South Louisiana Port Commission, pursuant to the authority in Article 7, Section 14(C) of the Constitution of Louisiana may engage in a coopera…
La. Rev. Stat. § 38:339 Repealed by Acts 1990, No
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§339. Repealed by Acts 1990, No. 763, §15.
La. Rev. Stat. § 38:34 Project evaluation and ranking
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§34. Project evaluation and ranking A. Upon receipt of reports by the regional planning commissions as required by R.S. 38:33, the office of engineering shall evaluate them on a regional basis and shall rank them in order of priority for funding, according to its rules and regula…
La. Rev. Stat. § 38:340 Joining with levee district in Arkansas for mutual protection; Tensas Basin Levee District
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§340. Joining with levee district in Arkansas for mutual protection; Tensas Basin Levee District The board of commissioners of the Tensas Basin Levee District may join with any levee district embracing the counties of Chicot and Desha in the state of Arkansas for mutual protectio…
La. Rev. Stat. § 38:341 Realignment of portion of Red River by Caddo Levee District
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§341. Realignment of portion of Red River by Caddo Levee District The board of the district may utilize all powers and authority heretofore granted it to locate, construct, maintain, and protect a realignment of that portion of the Red River located in an area composed of Section…
La. Rev. Stat. § 38:342 Certain levee boards; authority for set-aside procurement from small businesses
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§342. Certain levee boards; authority for set-aside procurement from small businesses A. Notwithstanding any other provision of law, the levee board of any parish having a population in excess of four hundred seventy-five thousand according to the latest regular federal census fo…
La. Rev. Stat. § 38:344 Repealed by Acts 1997, No
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§344. Repealed by Acts 1997, No. 1116, §2.
La. Rev. Stat. § 38:345 Certain levee boards; ad valorem tax expenditures; Parish Transportation Fund expenditures
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§345. Certain levee boards; ad valorem tax expenditures; Parish Transportation Fund expenditures A. This Section shall apply to the Fifth Louisiana Levee District. B. The legislature may appropriate one million dollars in Fiscal Year 1997-1998 to such a levee district as provided…
La. Rev. Stat. § 38:351 Authority to expropriate and acquire property prior to judgment
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§351. Authority to expropriate and acquire property prior to judgment Notwithstanding any other law to the contrary, and in addition to the methods and procedures for acquisition or utilization of servitudes for levee and related purposes by levee districts and levee and drainage…
La. Rev. Stat. § 38:352 Petition for expropriation of property; contents; place of filing
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§352. Petition for expropriation of property; contents; place of filing The rights of expropriation of property granted by this Part shall be exercised in the following manner: (1) A petition shall be filed by the governing authority of the levee district or levee and drainage di…
La. Rev. Stat. § 38:353 Appointment of estimators; restrictions in selection
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§353. Appointment of estimators; restrictions in selection The governing authority of the levee district or levee and drainage district shall select two or more persons to make the estimate, but two of them shall be appraisers or agents who are in the regular employ of the levee …
La. Rev. Stat. § 38:354 Prayer of petition; ex parte order of expropriation
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§354. Prayer of petition; ex parte order of expropriation The petition shall conclude with a prayer that the property be declared expropriated for levee purposes. Upon presentation of the petition, the court shall issue an order directing that the amount of the estimate be deposi…
La. Rev. Stat. § 38:355 Vesting of title
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§355. 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. § 38:356 Notice to defendant
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§356. 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 levee purposes. B. This notice, together with a certified copy of th…
La. Rev. Stat. § 38:357 Contesting validity of expropriation; waiver of defenses
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§357. Contesting validity of expropriation; waiver of defenses A. Any defendant desiring to contest the validity of the expropriation on the ground that the property was not expropriated for a public purpose may file a motion to dismiss the suit within ten days after the date on …
La. Rev. Stat. § 38:358 Right of possession; limitation by court
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§358. Right of possession; limitation by court A. If there are no buildings located wholly or partially upon the property described in the petition, the levee district or levee and drainage district is entitled to enter upon and take possession of the property upon the deposit of…
La. Rev. Stat. § 38:359 Withdrawal of amount deposited
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§359. Withdrawal of amount deposited A. 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. § 38:360 Defendant's answer; requirements; delay for filing
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§360. Defendant's answer; requirements; delay for filing A. Where an entire lot, block, or tract of land is expropriated any defendant may apply for a trial to determine the measure of compensation to which he is entitled, provided: (1) He files an answer within ninety days from …
La. Rev. Stat. § 38:361 Fixing for trial; notice
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§361. Fixing for trial; notice After the answer is filed either party may cause the matter to be fixed for trial in accordance with procedures established by the district courts not inconsistent with this Part, and the court shall issue an order fixing the time of the trial of th…
La. Rev. Stat. § 38:362 Right to trial by jury
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§362. Right to trial by jury In a proceeding pursuant to this Part any party has the right to demand a trial by jury to determine just compensation. Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:363 Time limit for demanding jury trial; waiver of demand for jury trial; limitations
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§363. Time limit for demanding jury trial; waiver of demand for jury trial; limitations A. A defendant may demand a jury trial in his answer or by motion filed within the delays provided for the filing of his answer. B. The levee district or levee and drainage district may demand…
La. Rev. Stat. § 38:364 Deposit of security for jury costs
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§364. Deposit of security for jury costs The court shall require any defendant, other than a political subdivision of the state of Louisiana, who demands a jury trial to post a bond or other security as may be required in ordinary civil jury cases. The levee district or levee and…
La. Rev. Stat. § 38:365 Trial of less than all issues; stipulation
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§365. Trial of less than all issues; stipulation The trial of all issues for which a jury trial has been requested shall be by jury unless the parties stipulate that the jury trial shall be as to certain issues only, but in all cases there shall be but one trial. Acts 1985, No. 7…
La. Rev. Stat. § 38:366 Qualification and exemption of jurors
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§366. Qualification and exemption of jurors The qualifications and exemptions of jurors and the method of choosing and summoning the general venire in jury cases are as provided by law. Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:367 Procedure in general
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§367. Procedure in general In cases to be tried by jury, six jurors summoned in accordance with law shall be chosen by lot to try the case. The method of calling and drawing by lot shall be at the discretion of the court. Acts 1985, No. 785, §1, eff. July 22, 1985.
La. Rev. Stat. § 38:368 Swearing of juror before examination
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§368. Swearing of juror before examination Before being examined every prospective juror shall be sworn to answer truthfully such questions as may be propounded to him. Acts 1985, No. 785, §1, eff. July 22, 1985.
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.