Title 48, Roads, Bridges and Ferries

0 chapters · 927 sections in this title.

927 sectionsFiltered byTitle 48

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…
La. Rev. Stat. § 48:459 Devolutive appeal; effect of appeal
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§459. Devolutive appeal; effect of appeal A devolutive appeal shall lie from expropriation suits tried pursuant to this Part without any additional deposit by the plaintiff, and no appeal from any expropriation suit brought under the provisions of this Part shall operate to preve…
La. Rev. Stat. § 48:460 Divesting of title
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§460. 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 purpose. In the event of such findings, the court shall enter such judgment as is ne…
La. Rev. Stat. § 48:461 Declaration of policy
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§461. Declaration of policy The Legislature finds and declares that outdoor advertising and maintenance of junkyards are legitimate commercial uses of private property and, for the purpose of promoting the public safety, health, welfare, convenience and enjoyment of public travel…
La. Rev. Stat. § 48:461.1 Terms defined
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§461.1. Terms defined (1) "Automobile graveyard" means any establishment or place of business which is maintained, used or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts. (2) "Conforming out-of-stan…
La. Rev. Stat. § 48:461.10 Junkyards lawfully in existence
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§461.10. Junkyards lawfully in existence Any junkyard lawfully in existence on July 27, 1966 which is within one thousand feet of the nearest edge of the right of way and visible from the main-traveled way of any highway on the interstate or primary systems shall be screened, if …
La. Rev. Stat. § 48:461.11 Requirement as to screening
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§461.11. Requirement as to screening The department is authorized to establish and promulgate rules and regulations governing the location, planting, construction and maintenance of screening or fencing required by this Part, including the materials to be used. Added by Acts 1966…
La. Rev. Stat. § 48:461.12 Acquisition of sites for removal and screening of junkyards
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§461.12. Acquisition of sites for removal and screening of junkyards A. The department may acquire by donation, purchase, lease, exchange or expropriation such interest in lands as it may deem necessary to secure the relocation, removal or disposal of the following junkyards when…
La. Rev. Stat. § 48:461.13 Unlawful junkyards; injunction
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§461.13. Unlawful junkyards; injunction Any junkyard which violates the provisions of this Part is hereby declared to be illegal and the department may apply to the court in the parish in which such junkyard is located for an injunction to require compliance with the provisions o…
La. Rev. Stat. § 48:461.14 Interpretation
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§461.14. Interpretation Nothing in this Part shall be construed to abrogate or affect the provisions of any statute, ordinance or regulation which is more restrictive than the provisions of this Part. Added by Acts 1966, No. 474, §1.
La. Rev. Stat. § 48:461.15 Agreements with federal government
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§461.15. Agreements with federal government The department may enter into agreements with the Secretary of Commerce, as provided by Title 23, United States Code1, relating to the control of outdoor advertising and of junkyards in areas adjacent to the Interstate and Primary syste…
La. Rev. Stat. § 48:461.16 Outdoor advertising devices on Interstate 10 between LaPlace and Jefferson Parish prohibited
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§461.16. Outdoor advertising devices on Interstate 10 between LaPlace and Jefferson Parish prohibited Notwithstanding the provisions of R.S. 48:461.2, no outdoor advertising shall be erected or maintained within visual observation of the main traveled way of Interstate Highway 10…
La. Rev. Stat. § 48:461.17 Outdoor advertising devices on Interstate 10 in the Atchafalaya River Basin Area; prohibited
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§461.17. Outdoor advertising devices on Interstate 10 in the Atchafalaya River Basin Area; prohibited Notwithstanding the provisions of R.S. 48:461.2, no outdoor advertising shall be erected or maintained within visual observation of the main traveled way of Interstate Highway 10…
La. Rev. Stat. § 48:461.18 Outdoor advertising control extended beyond six hundred sixty feet
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§461.18. Outdoor advertising control extended beyond six hundred sixty feet A. Control of outdoor advertising signs, displays and devices is extended to signs, displays and devices located beyond six hundred sixty feet of the edge of the right of way of the Federal Aid Interstate…
La. Rev. Stat. § 48:461.19 Just compensation payable for signs beyond six hundred sixty feet
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§461.19. Just compensation payable for signs beyond six hundred sixty feet Legal outdoor advertising signs, displays or devices prohibited by Section 461.18 shall be removed upon the payment of just compensation in the same manner and subject to the same limitations as signs lawf…
La. Rev. Stat. § 48:461.2 Limitations of outdoor advertising devices
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§461.2. Limitations of outdoor advertising devices A. No outdoor advertising shall be erected or maintained within six hundred sixty feet of the nearest edge of the right of way and visible from the main traveled way of the interstate or primary highways in this state except the …
La. Rev. Stat. § 48:461.20 Landmark signs
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§461.20. Landmark signs Signs lawfully in existence on October 22, 1965, determined by the state, subject to the concurrence of the United States Secretary of Transportation, to be landmark signs, including signs on farm structures or natural surfaces, of historic or artistic sig…
La. Rev. Stat. § 48:461.21 Limitation of outdoor advertising devices
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§461.21. Limitation of outdoor advertising devices In the event that the owner of an unlawful advertising sign fails or refuses to remove the sign after the thirty day notice from the department, as specified in Section 461.7, the department is authorized to give notice to the pr…
La. Rev. Stat. § 48:461.22 Advertising and junkyards between Mississippi River and its levees
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§461.22. Advertising and junkyards between Mississippi River and its levees Any other provision of law to the contrary notwithstanding, no outdoor advertising as described in R.S. 48:461.2(A)(4) and (5) and no junkyards as defined in this Part shall be erected or maintained withi…
La. Rev. Stat. § 48:461.23 Economic Hardship Exemptions
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§461.23. Economic Hardship Exemptions A. Outdoor advertising signs, displays and devices which provide directional information about goods and services in the interest of the traveling public, and are such that removal would work a substantial economic hardship in a defined area,…