Title 19, Expropriation
0 chapters · 203 sections in this title.
La. Rev. Stat. § 19:276 Contesting validity of taking; waiver of defenses
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§276. 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. § 19:277 Defendant's answer; requirements; delay for filing
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§277. 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. § 19:278 Grant as additional authority
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§278. 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. § 19:291 Consolidated Terrebonne Parish Waterworks District No
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§291. Consolidated Terrebonne Parish Waterworks District No. 1; authority to expropriate; acquisition of property prior to judgment; definitions A.(1) When the Consolidated Terrebonne Parish Waterworks District No. 1 cannot amicably acquire property needed for a waterworks projec…
La. Rev. Stat. § 19:292 Contents of petition; place of filing
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§292. 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 in the district court of the parish in which the property to be expropriated is situated. (2) The petition shall c…
La. Rev. Stat. § 19:293 Prayer of the petition; ex parte order of taking
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§293. 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. § 19:294 Vesting of title
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§294. 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. § 19:295 Notice to defendant
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§295. 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. § 19:296 Contesting validity of taking; waiver of defenses
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§296. 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. § 19:297 Defendant's answer; requirements; delay for filing
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§297. 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. § 19:298 Grant as additional authority
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§298. 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. § 19:3 Property not subject to expropriation
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§3. Property not subject to expropriation A. No graveyard or cemetery shall be expropriated unless the court finds that the route of expropriation cannot be diverted from that proposed by the plaintiff without great public loss or inconvenience. This Subsection shall not apply to…
La. Rev. Stat. § 19:311 Town of Bernice; Rail Spur Project; acquisition of property prior to judgment; definitions
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§311. Town of Bernice; Rail Spur Project; acquisition of property prior to judgment; definitions A. When the governing authority of the town of Bernice cannot amicably acquire property needed for its Rail Spur Project, it may acquire the same by expropriation and may acquire the …
La. Rev. Stat. § 19:312 Contents of petition; place of filing
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§312. 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 governing authority in the district court of the parish in which the property to be expropriated is situate…
La. Rev. Stat. § 19:313 Prayer of the petition; ex parte order of taking
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§313. 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. § 19:314 Vesting of title
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§314. 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. § 19:315 Notice to defendant
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§315. 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. § 19:316 Contesting validity of taking; waiver of defenses
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§316. 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. § 19:317 Defendant's answer; requirements; delay for filing
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§317. 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. § 19:318 Grant as additional authority
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§318. 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. § 19:351 Property, governing authority defined
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§351. Property, governing authority defined As used in this Part: (1) "Governing authority" means the governing authority of the parish of St. Tammany. (2) "Property" means any portion of immovable property, including servitudes, rights-of-way, and other rights in or to immovable…
La. Rev. Stat. § 19:352 Authority to expropriate and acquisition of property for sewer, drainage, or road projects prior to judgment
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§352. Authority to expropriate and acquisition of property for sewer, drainage, or road projects prior to judgment A. When the governing authority cannot amicably acquire property needed for sewer, drainage, or road projects, the parish may acquire the same by expropriation and m…
La. Rev. Stat. § 19:353 Prayer of petition; ex parte order for deposit
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§353. Prayer of petition; ex parte order for deposit The petition shall conclude with a prayer that the property be declared taken for sewer, drainage, or road projects by the parish. Upon presentation of the petition, the court shall issue an order directing that the amount of t…
La. Rev. Stat. § 19:354 Vesting of title
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§354. 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 sewer, drainage, or road projects by the parish, an…
La. Rev. Stat. § 19:355 Contesting validity of proposed taking; waiver of defenses
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§355. Contesting validity of proposed taking; waiver of defenses A. Any defendant desiring to contest the validity of the taking on the ground that the property taken by the parish was not expropriated for a public purpose must file a motion to dismiss or other defenses to the ta…
La. Rev. Stat. § 19:371 Definitions
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§371. Definitions As used in this Part, the following terms shall mean: (1) "Governing authority" means the city council for the city of Central. (2) "Property" means any portion of immovable property, including corporeal property, servitudes, rights-of-way, and other rights in o…
La. Rev. Stat. § 19:372 Authority to expropriate property for drainage maintenance or improvements prior to
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§372. Authority to expropriate property for drainage maintenance or improvements prior to judgment When the governing authority cannot amicably acquire property needed for current or future drainage maintenance or improvements, including but not limited to access to such improvem…
La. Rev. Stat. § 19:373 Appointment of appraisers
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§373. Appointment of appraisers A. The governing authority shall select one or more appraisers licensed pursuant to the Louisiana Real Estate Appraisers Law to estimate just compensation to be paid to the property owners except when the estimate is expected to exceed thirty thous…
La. Rev. Stat. § 19:374 Contents of petition for expropriation; place of filing
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§374. Contents of petition for expropriation; place of filing The authority to expropriate granted by this Part shall be exercised in the following manner: (1) The governing authority shall file a petition in the Nineteenth Judicial District Court. (2) The petition shall contain …
La. Rev. Stat. § 19:375 Ex parte order for deposit; vesting of title
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§375. Ex parte order for deposit; vesting of title A. Upon presentation of the petition, the court shall issue an order directing the amount of the estimate be deposited in the registry of the court and declaring the property described in the petition transferred to the governing…
La. Rev. Stat. § 19:376 Notice to property owners
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§376. Notice to property owners Upon receipt of the deposit, certified copies of the petition, judgment, and the receipt for the deposit shall be served upon each property owner. Acts 2020, No. 229, §1, eff. June 11, 2020.
La. Rev. Stat. § 19:377 Withdrawal of deposit
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§377. Withdrawal of deposit Upon the application of any property owner, and upon due notice to the governing authority and all other property owners and lienholders, the court may order the money deposited, or any part thereof, be paid forthwith to the person entitled thereto for…
La. Rev. Stat. § 19:378 Contesting validity of taking; waiver of defenses
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§378. Contesting validity of taking; waiver of defenses A. Any defendant may contest the validity of an expropriation on the grounds the property was not expropriated for an authorized purpose or the petition and attached exhibits do not comply with this Part by filing a motion t…
La. Rev. Stat. § 19:379 Answer; delay for filing
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§379. Answer; 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 by filing an answer within ninety days from the date of service of the petition setting forth the amount cl…
La. Rev. Stat. § 19:380 Fixing for trial; notice
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§380. Fixing for trial; notice After answer is filed, if no motion to dismiss is filed pursuant to this Part, either party may, upon ex parte motion, request that the matter be set for trial. The court shall fix the time for the trial not more than sixty days after the filing of …
La. Rev. Stat. § 19:381 Grant as additional authority
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§381. Grant as additional authority The right to take possession and title in advance of final judgment, provided herein, is in addition to any right or authority conferred by the laws of this state under which expropriation proceedings may be conducted by municipalities, and sha…
La. Rev. Stat. § 19:386 Definitions
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§386. Definitions As used in this Part, the following terms shall mean: (1) "Governing authority" means the city council for the city of Monroe. (2) "Property" means any portion of immovable property, including corporeal property, servitudes, rights-of-way, and other rights in or…
La. Rev. Stat. § 19:387 Authority to expropriate property
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§387. Authority to expropriate property A. When the city of Monroe cannot amicably acquire property needed for a public purpose, including for a street, road, drainage, water, utility, sewerage, electric, capital, or any other public project, it may acquire such property by expro…
La. Rev. Stat. § 19:388 Contents of petition for expropriation; place of filing
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§388. Contents of petition for expropriation; place of filing The authority to expropriate granted by this Part shall be exercised in the following manner: (1) The city of Monroe shall file a petition in the Fourth Judicial District Court. (2) The petition shall contain a stateme…
La. Rev. Stat. § 19:389 Ex parte order; vesting of title
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§389. Ex parte order; vesting of title A. Upon presentation of the petition, the court shall issue an order directing that the amount of the estimate be deposited in the registry of the court and declaring the property described in the petition transferred to the city of Monroe a…
La. Rev. Stat. § 19:390 Notice to property owners
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§390. Notice to property owners Upon receipt of the deposit, certified copies of the petition, the order, and the receipt for the deposit shall be served upon each property owner. Acts 2024, No. 717, §1, eff. June 19, 2024.
La. Rev. Stat. § 19:391 Withdrawal of deposit
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§391. Withdrawal of deposit Upon the application of any property owner, and upon due notice to the city of Monroe and all other property owners and lienholders, the court may order that the money deposited, or any part thereof, be paid forthwith to the person entitled thereto for…
La. Rev. Stat. § 19:392 Contesting validity of taking; waiver of defenses
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§392. Contesting validity of taking; waiver of defenses A. Any defendant may contest the validity of an expropriation on the grounds that the property was not expropriated for a public purpose or the petition and attached exhibits do not comply with this Part by filing a motion t…
La. Rev. Stat. § 19:393 Answer; delay for filing
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§393. Answer; delay for filing A. Where an entire lot, parcel, block, or tract of land is expropriated, any defendant may apply for a trial to determine the measure of compensation by filing an answer within thirty days from the date of service of the petition setting forth the a…
La. Rev. Stat. § 19:394 Fixing for trial; notice
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§394. Fixing for trial; notice After an answer is filed, if no motion to dismiss is filed pursuant to this Part, either party may, upon ex parte motion, request that the matter be set for trial. The court shall fix the time for the trial not more than sixty days after the filing …
La. Rev. Stat. § 19:395 Grant as additional authority
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§395. Grant as additional authority The right to take possession and title in advance of final judgment 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 by municipalities and …
La. Rev. Stat. § 19:4 Trial without jury except to determine compensation
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§4. Trial without jury except to determine compensation Expropriation cases shall be tried before the court without a jury, except that a party shall have the right to trial by jury to determine compensation. If the plaintiff desires a trial by jury the demand shall be made in th…
La. Rev. Stat. § 19:5 Time of trial; notice to defendant
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§5. Time of trial; notice to defendant A. Upon the institution of a suit for expropriation, the trial court shall issue an order fixing the time of the trial of the suit which shall not be less than sixty days from the filing of the suit. B. The clerk of court shall issue to the …
La. Rev. Stat. § 19:51 §§51 to 66 Repealed by Acts 1974, Ex.Sess., No
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§51. §§51 to 66 Repealed by Acts 1974, Ex.Sess., No. 11, §2, eff. Jan. 1, 1975.
La. Rev. Stat. § 19:6 Service of answer on plaintiff
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§6. Service of answer on plaintiff The defendant shall file any answer, exceptions, or other responsive pleadings within thirty days after the service upon the defendant of the notice of the time fixed for the trial. The answer, exceptions, or other responsive pleadings shall be …