Title 19, Expropriation
0 chapters · 203 sections in this title.
La. Rev. Stat. § 19:1 "Property" defined
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§1. "Property" defined As used in this part, the term "property" means immovable property, including servitudes and other rights in or to immovable property. Amended by Acts 1974, Ex.Sess. No. 11, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 19:10 Transfer of ownership
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§10. Transfer of ownership Payment by the plaintiff to the owner of the compensation fixed in the final judgment to be due or the deposit thereof in the registry of the court for the benefit of the persons entitled thereto entitles the plaintiff to the property rights described i…
La. Rev. Stat. § 19:101 Property defined
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§101. Property defined As used in this Part, the term "property" means immovable property, including servitudes and other rights in or to immovable property, and any electric light, gas or waterworks plants. Added by Acts 1977, No. 453, §1.
La. Rev. Stat. § 19:102 Expropriation by municipal corporations
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§102. Expropriation by municipal corporations Where a price cannot be agreed upon with the owner, any municipal corporation of Louisiana may expropriate property whenever such a course is determined to be necessary for the public interest by the governing authority of the municip…
La. Rev. Stat. § 19:103 Petition for expropriation; place of filing; contents; claims for damages; prescription
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§103. Petition for expropriation; place of filing; contents; claims for damages; prescription A. The rights of expropriation granted in R.S. 19:102 shall be exercised in the following manner: (1) A petition shall be filed by the plaintiff in the district court of the parish in wh…
La. Rev. Stat. § 19:104 Property not subject to expropriation
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§104. Property not subject to expropriation A. No graveyard or cemetery shall be expropriated unless the court finds that the route of the proposed improvement cannot be diverted from that proposed by the plaintiff without great public loss or inconvenience. B. No mortgage shall …
La. Rev. Stat. § 19:105 Trial without jury except to determine compensation
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§105. 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 …
La. Rev. Stat. § 19:106 Time of trial; notice to defendant
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§106. Time of trial; notice to defendant Upon the institution of a suit for expropriation, the trial court shall issue an order fixing the time of the trial of the suit. The clerk of court shall thereupon certify a copy of the plaintiff's petition and of the order and issue a not…
La. Rev. Stat. § 19:107 Service of answer on plaintiff
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§107. Service of answer on plaintiff The defendant shall file an answer within fifteen days after the service upon the defendant of the notice of the time fixed for the trial. The answer shall be served personally or by mail on either the plaintiff or his attorney of record in th…
La. Rev. Stat. § 19:108 Failure to timely file an answer by defendant forfeits defenses
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§108. Failure to timely file an answer by defendant forfeits defenses Failure of the defendant in any such suit to file his answer timely constitutes a waiver by the defendant of all defenses to the suit except claims for money as compensation for the property sought to be exprop…
La. Rev. Stat. § 19:109 Trial in or out of term with dispatch; judgment; appraisals; payment in court registry
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§109. Trial in or out of term with dispatch; judgment; appraisals; payment in court registry A. Expropriation suits shall be tried in term time or in vacation and shall be conducted with preference and with the greatest possible dispatch. Judgments may be signed in term time or i…
La. Rev. Stat. § 19:11 Encumbered property; distribution of price to creditors
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§11. Encumbered property; distribution of price to creditors Whenever any property encumbered with mortgages or privileges of any kind is expropriated pursuant to this part, the property passes to the person expropriating it free and clear of all encumbrances. Any amount awarded …
La. Rev. Stat. § 19:110 Measure of compensation; "extent of loss"
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§110. Measure of compensation; "extent of loss" A. In estimating the value of the property to be expropriated, the basis of assessment shall be the value which the property possessed before the contemplated improvement was proposed, without deducting therefrom any amount for the …
La. Rev. Stat. § 19:111 Transfer of ownership
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§111. Transfer of ownership Payment by the plaintiff to the owner of the compensation fixed in the final judgment to be due or the deposit thereof in the registry of the court for the benefit of the persons entitled thereto entitles the plaintiff to the property rights described …
La. Rev. Stat. § 19:111.1 Compensation for expropriation; funds abandoned in registry of court; town of Berwick
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§111.1. Compensation for expropriation; funds abandoned in registry of court; town of Berwick A. If, prior to January 1, 1990, the town of Berwick, as the expropriating authority, paid into the registry of the court monetary funds for the expropriation of property pursuant to R.S…
La. Rev. Stat. § 19:112 Encumbered property; distribution of price to creditors
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§112. Encumbered property; distribution of price to creditors Whenever any property encumbered with mortgages or privileges of any kind is expropriated pursuant to this Part, the property passes to the person expropriating it free and clear of all encumbrances. Any amount awarded…
La. Rev. Stat. § 19:113 Tender of true value refused; costs
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§113. Tender of true value refused; costs If a tender is made of the true value of the property to the owner thereof, before proceeding to a forced expropriation, the costs of the expropriation proceedings shall be paid by the owner. Added by Acts 1977, No. 453, §1.
La. Rev. Stat. § 19:114 Appeal; payment of award to owner or deposit in court as entitling plaintiff to property
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§114. Appeal; payment of award to owner or deposit in court as entitling plaintiff to property No party to any expropriation proceeding shall be entitled to or granted a suspensive appeal from any order, judgment, or decree rendered in such proceeding, whether such order, judgmen…
La. Rev. Stat. § 19:115 Possession of property; construction of facilities; objection; waiver
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§115. Possession of property; construction of facilities; objection; waiver In any case where a municipal corporation has actually, in good faith believing it had authority to do so, taken possession of privately owned, immovable property of another, and constructed facilities up…
La. Rev. Stat. § 19:116 Jury costs; demand by municipal corporation
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§116. Jury costs; demand by municipal corporation If the municipal corporation has demanded a jury trial to determine compensation, the costs of the jury trial shall be assessed against the municipal corporation. Acts 1990, No. 133, §2.
La. Rev. Stat. § 19:12 Tender of true value refused; costs
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§12. Tender of true value refused; costs If the highest amount offered prior to the filing of the expropriation suit is equal to or more than the final award, the court may, in its discretion, order the defendant to pay all or a portion of the costs of the expropriation proceedin…
La. Rev. Stat. § 19:121 Property defined
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§121. Property defined As used in this Part, the term "property" means any portion of immovable property, including servitudes and other rights in or to immovable property, where there are no buildings or structures for support or shelter. Acts 1985, No. 548, §1, eff. July 12, 19…
La. Rev. Stat. § 19:122 Authority to expropriate and acquisition of property for street or drainage projects prior to judgment
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§122. Authority to expropriate and acquisition of property for street or drainage projects prior to judgment A. When the cities of Bossier City and Shreveport cannot amicably acquire property needed for street, drainage, water, or sewerage projects, they may acquire the same by e…
La. Rev. Stat. § 19:123 Contents of petition for expropriation; place of filing
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§123. Contents of petition for expropriation; 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 plaintiff in the district court of the parish in which the property to be expropriated is…
La. Rev. Stat. § 19:124 Prayer of petition; ex parte order for deposit
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§124. Prayer of petition; ex parte order for deposit The petition shall conclude with a prayer that the property be declared taken for street, drainage, water, or sewerage projects. Upon presentation of the petition, the court shall issue an order directing that the amount of the…
La. Rev. Stat. § 19:125 Vesting of title
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§125. Vesting of title Title to the property and the property rights specified in the petition shall vest in the cities of Bossier City and Shreveport upon final court order declaring that the property described in the petition has been taken for street, drainage, water, or sewer…
La. Rev. Stat. § 19:126 Notice to defendant
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§126. 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 a petition has been filed to expropriate the property described in the petition. B. This notice, together with a certified copy of t…
La. Rev. Stat. § 19:127 Contesting validity of proposed taking; waiver of defenses
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§127. 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 for the street, drainage, water, or sewerage project was not expropriated for a public purpose may file a motion …
La. Rev. Stat. § 19:128 Defendant's answer; requirements; delay for filing
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§128. Defendant's answer; requirements; delay for filing Where 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, provided: (1) He files an answer within one year from the date he is…
La. Rev. Stat. § 19:129 Nonuse; penalties
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§129. Nonuse; penalties If the actual construction has not commenced on the water or sewerage project for which property was taken pursuant to this Part within twenty-four months from the date of the expropriation of the property, the cities of Bossier City and Shreveport shall b…
La. Rev. Stat. § 19:13 Appeal; payment of award to owner or deposit in court as entitling plaintiff to property
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§13. Appeal; payment of award to owner or deposit in court as entitling plaintiff to property No party to any expropriation proceeding shall be entitled to or granted a suspensive appeal from any order, judgment, or decree rendered in such proceeding, whether such order, judgment…
La. Rev. Stat. § 19:131 Property defined
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§131. Property defined As used in this Part, the term "property" means any portion of immovable property, including servitudes and other rights in or to immovable property, and the term "governing authority" means the governing authority of the parish of East Baton Rouge and the …
La. Rev. Stat. § 19:131.1 Authority to expropriate and acquisition of property for sewer, drainage, or road projects prior to judgment
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§131.1. Authority to expropriate and acquisition of property for sewer, drainage, or road projects prior to judgment A. After August 15, 2001, and until December 31, 2005, when the governing authority cannot amicably acquire property needed for sewer, drainage, or road projects, …
La. Rev. Stat. § 19:131.2 Contents of petition for expropriation; place of filing
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§131.2. Contents of petition for expropriation; 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 plaintiff in the district court of the parish in which the property to be expropriated …
La. Rev. Stat. § 19:131.3 Prayer of petition; ex parte order for deposit
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§131.3. 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 city of Baton Rouge and parish of East Baton Rouge. Upon presentation of the petition, the court shall…
La. Rev. Stat. § 19:131.4 Vesting of title
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§131.4. 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 city of …
La. Rev. Stat. § 19:131.5 Notice to defendant
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§131.5. 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 a petition has been filed to expropriate the property described in the petition. B. This notice, together with a certified copy of…
La. Rev. Stat. § 19:131.6 Contesting validity of proposed taking; waiver of defenses
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§131.6. 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 city of Baton Rouge and parish of East Baton Rouge was not expropriated for a public purpose must file a…
La. Rev. Stat. § 19:131.7 Defendant's answer; requirements; delay for filing
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§131.7. Defendant's answer; requirements; delay for filing Where 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, provided: (1) He files an answer within one year from the date he…
La. Rev. Stat. § 19:132 Property, governing authority defined
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§132. Property, governing authority defined As used in this Part, the term "property" means any portion of immovable property, including servitudes, rights-of-way, and other rights in or to immovable property, where there are no buildings or structures for support or shelter; the…
La. Rev. Stat. § 19:132.1 Authority to expropriate; acquisition of property for street, drainage, water, utility, sewerage, or other capital project prior to judgment
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§132.1. Authority to expropriate; acquisition of property for street, drainage, water, utility, sewerage, or other capital project prior to judgment A. When the governing authority cannot amicably acquire property needed by the city of Alexandria or by the city of New Orleans for…
La. Rev. Stat. § 19:132.2 Contents of petition for expropriation; place of filing
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§132.2. Contents of petition for expropriation; 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 plaintiff in the district court of the parish in which the property to be expropriated …
La. Rev. Stat. § 19:132.3 Prayer of petition; ex parte order for deposit
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§132.3. Prayer of petition; ex parte order for deposit The petition shall conclude with a prayer that the property be declared taken for the street, drainage, water, utility, sewerage, or other capital project. Upon presentation of the petition, the court shall issue an order dir…
La. Rev. Stat. § 19:132.4 Vesting of title
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§132.4. 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 c…
La. Rev. Stat. § 19:132.5 Notice to defendant
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§132.5. 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 a petition has been filed to expropriate the property described in the petition. B. This notice, together with a certified copy of…
La. Rev. Stat. § 19:132.6 Contesting validity of proposed taking; waiver of defenses
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§132.6. 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 for the project was not expropriated for a public purpose must file a motion to dismiss or other defenses to th…
La. Rev. Stat. § 19:132.7 Defendant's answer; requirements; delay for filing
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§132.7. 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 not…
La. Rev. Stat. § 19:132.8 Nonuse; penalties
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§132.8. Nonuse; penalties If the actual construction has not commenced on the project for which the property was taken pursuant to this Part within twenty-four months from the date of the expropriation of the property, the city of Alexandria or the city of New Orleans, as the cas…
La. Rev. Stat. § 19:133 Property, governing authority, project, defined
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§133. Property, governing authority, project, defined As used in this Part, the term "property" means any portion of immovable property, including servitudes, rights of way, and other rights in or to immovable property; the term "governing authority" means the governing authority…
La. Rev. Stat. § 19:133.1 Authority to expropriate and acquisition of property for Aloha-Rigolette Area Louisiana Project prior to judgment
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§133.1. Authority to expropriate and acquisition of property for Aloha-Rigolette Area Louisiana Project prior to judgment A. From September 6, 1991 until December 31, 2004, when the governing authority cannot amicably acquire property needed for the Aloha-Rigolette Area Louisiana…