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0 chapters · 762 sections in this title.
La. Rev. Stat. § 48:423 Conspiracy to raise bids on contracts or supplies; penalty
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§423. Conspiracy to raise bids on contracts or supplies; penalty No person shall collude to raise prices either in construction work or in supplying materials for any state highway work. Whoever violates this Section, including any officer acting for a corporation, shall be fined…
La. Rev. Stat. § 48:424 Use of unlicensed trucks on road building projects prohibited
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§424. Use of unlicensed trucks on road building projects prohibited No road contractor shall hire, for use on road building projects in this state, trucks which have not been properly licensed in this state. Whoever violates this Section shall be fined one hundred dollars for eac…
La. Rev. Stat. § 48:425 Purchasing, rules and regulations; intentional violation; penalty
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§425. Purchasing, rules and regulations; intentional violation; penalty A. No person shall intentionally violate the Louisiana Procurement Code or any rule or regulation promulgated by the secretary of the Department of Transportation and Development with respect to purchasing. B…
La. Rev. Stat. § 48:441 Authority to expropriate and acquisition of property prior to judgment
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§441. Authority to expropriate and acquisition of property prior to judgment A. Where the Department of Transportation and Development cannot amicably acquire property needed for highway purposes, the department may acquire the same by expropriation. B. In any suit for the exprop…
La. Rev. Stat. § 48:441.1 Authority to acquire and to expropriate prior to judgment; property needed for proposed Mississippi River bridge
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§441.1. Authority to acquire and to expropriate prior to judgment; property needed for proposed Mississippi River bridge A. The department may, by any means authorized in Chapter 1 of this Title, acquire any property needed for the construction and operation of the proposed new b…
La. Rev. Stat. § 48:441.2 Authority to acquire and to expropriate prior to judgment; property needed for T.I.M.E
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§441.2. Authority to acquire and to expropriate prior to judgment; property needed for T.I.M.E. projects Notwithstanding any other provisions of law to the contrary, a local governing authority, with the approval of the Department of Transportation and Development, may acquire an…
La. Rev. Stat. § 48:442 Contents of petition for expropriation; place of filing
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§442. Contents of petition for expropriation; place of filing The rights 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 i…
La. Rev. Stat. § 48:442.1 Contents of petition for expropriation; property needed for design-build projects; place of filing
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§442.1. Contents of petition for expropriation; property needed for design-build projects; place of filing Notwithstanding the provisions of R.S. 48:442, the rights of expropriation granted by this Part shall be exercised for design-build projects authorized according to the prov…
La. Rev. Stat. § 48:443 Appointment of estimators; restrictions in selection
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§443. Appointment of estimators; restrictions in selection A. The real estate administrator shall select one or more persons to make the estimate of just compensation except when the estimate is expected to exceed the amount of thirty thousand dollars in which case he shall selec…
La. Rev. Stat. § 48:443.1 Minable minerals
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§443.1. Minable minerals Before exercising the rights of expropriation provided for in this Part, the state or any of its departments, except the Department of Transportation and Development, offices, boards, commissions, agencies, or instrumentalities, except political subdivisi…
La. Rev. Stat. § 48:444 Prayer of petition; ex parte order of taking
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§444. Prayer of petition; ex parte order of taking The petition shall conclude with a prayer that the property be declared taken for highway purposes. Upon presentation of the petition, the court shall issue an order directing that the amount of the estimate be deposited in the r…
La. Rev. Stat. § 48:445 Vesting of title
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§445. 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. § 48:446 Notice to defendant
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§446. 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 highway purposes. This notice, together with a certified copy of the o…
La. Rev. Stat. § 48:447 Contesting validity of taking; waiver of defenses
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§447. 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 purpose or on the ground that the petition and attached exhibits do not satisfy the provisions…
La. Rev. Stat. § 48:448 Right of possession; limitation by court
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§448. Right of possession; limitation by court If there are no buildings located wholly or partially upon the property described in the petition, the department is entitled to enter upon and take possession of the property upon the deposit of the estimated compensation. If any bu…
La. Rev. Stat. § 48:449 Withdrawal of amount deposited
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§449. 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. § 48:450 Defendant's answer; requirements; delay for filing
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§450. 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. § 48:451 Fixing for trial; notice
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§451. Fixing for trial; notice After answer is filed, if no motion to dismiss the suit pursuant to R.S. 48:447 is pending before the court, either party may, upon ex parte motion, request that the matter be docketed for trial. The court shall fix the time for the trial of the sui…
La. Rev. Stat. § 48:451.1 Right to trial by jury
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§451.1. Right to trial by jury In an expropriation proceeding pursuant to this Part any party has the right to demand a trial by jury to determine just compensation. Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 48:451.10 Challenges for cause
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§451.10. 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;…
La. Rev. Stat. § 48:451.11 Time for peremptory challenge
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§451.11. Time for peremptory challenge After the entire jury has been accepted and sworn, no party has the right to challenge peremptorily. Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 48:451.12 Challenging or excusing jurors after acceptance
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§451.12. Challenging or excusing jurors after acceptance Although the entire jury may have 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 th…
La. Rev. Stat. § 48:451.13 Swearing of jurors; selection of foreman
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§451.13. 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 …
La. Rev. Stat. § 48:451.14 Alternate jurors
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§451.14. 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 con…
La. Rev. Stat. § 48:451.15 Time for charging the jury; recordation of charge
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§451.15. 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…
La. Rev. Stat. § 48:451.16 Contents of charge to jury
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§451.16. 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 t…
La. Rev. Stat. § 48:451.17 Instruction to jury; objections
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§451.17. 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 coun…
La. Rev. Stat. § 48:451.18 Taking evidence to jury room
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§451.18. 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 followi…
La. Rev. Stat. § 48:451.19 Number required for verdict
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§451.19. Number required for verdict In order to reach any verdict, five of the jurors trying the case must concur therein. Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 48:451.2 Time limit for demanding jury trial; waiver of demand for jury trial; limitations
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§451.2. Time limit for demanding jury trial; waiver of demand for jury trial; limitations A. A defendant may demand jury trial in his answer or by motion filed within the delays provided for the filing of his answer. B. The department may demand jury trial by motion filed no late…
La. Rev. Stat. § 48:451.20 Special verdicts
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§451.20. 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 …
La. Rev. Stat. § 48:451.21 General verdict accompanied by answer to interrogatories; objection
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§451.21. 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…
La. Rev. Stat. § 48:451.22 Remittitur or additur as alternative to new trial; reformation of verdict
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§451.22. 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 wi…
La. Rev. Stat. § 48:451.23 New trial on showing of misconduct by jury
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§451.23. 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 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 48:451.3 Deposit of security for jury costs
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§451.3. Deposit of security for jury costs The court shall require any party, including the department, who demands a jury trial, to post a bond or other security as may be required in ordinary similar jury cases. Acts 1990, No. 133, §3.
La. Rev. Stat. § 48:451.4 Trial of less than all issues; stipulation
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§451.4. Trial of less than all issues; stipulation The trial of all issues for which 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 1974, Ex.Se…
La. Rev. Stat. § 48:451.5 Qualification and exemption of jurors
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§451.5. 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 provided by special laws. Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 48:451.6 Procedure in general
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§451.6. 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 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 48:451.7 Swearing of juror before examination
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§451.7. 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 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 48:451.8 Examination of juror
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§451.8. 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 1974, Ex.Sess., No. 30, §1, eff…
La. Rev. Stat. § 48:451.9 Peremptory challenges
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§451.9. Peremptory challenges Each side is 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. If …
La. Rev. Stat. § 48:452 Laches by defendant forfeits defenses; judgment
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§452. Laches by defendant forfeits defenses; judgment If a defendant fails to file his answer timely, the department shall thereafter give affirmative notice, by certified mail, to such defendant of the pendency of the proceedings. If an answer is not filed within ten days after …
La. Rev. Stat. § 48:452.1 Abandonment in trial and appellate court
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§452.1. Abandonment in trial and appellate court A. An owner's claim for an increase in the compensation is perfected when he timely files his answer as provided in R.S. 48:450 and is thereafter abandoned when he fails to take any step in the prosecution of that claim for a perio…
La. Rev. Stat. § 48:453 Measure of compensation; burden of proof; extent of loss
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§453. Measure of compensation; burden of proof; extent of loss 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 …
La. Rev. Stat. § 48:454 Trial according to Code of Civil Procedure and the general expropriation laws
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§454. Trial according to Code of Civil Procedure and the general expropriation laws Except as provided in this Part, these suits are tried in accordance with the provisions of the Code of Civil Procedure and general expropriation laws. Added by Acts 1954, No. 107, §1, eff. June 2…
La. Rev. Stat. § 48:455 Judgment to provide interest
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§455. Judgment to provide interest If the amount finally awarded for compensation exceeds the amount deposited, the judgment shall include legal interest on the excess from the date the defendant files an answer as provided in R.S. 48:450 until paid, but such interest shall not a…
La. Rev. Stat. § 48:456 Judgment as to difference awarded; payment of judgment
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§456. 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 department and in favor of the persons entitled thereto for the amount of the deficiency. The judgment shall n…
La. Rev. Stat. § 48:456.1 Estimate less than deposit
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§456.1. Estimate less than deposit 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, but the plaintiff may not introduce evidence as to any special benefits unless…
La. Rev. Stat. § 48:457 Distribution of final award
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§457. 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 1954, No. 107, §1, eff. June 24, 1954. Amended by Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1…
La. Rev. Stat. § 48:458 Grant as additional authority
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§458. 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…
