US Laws, Codes, Statutes & Cases

§135.6.  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 the taking within fifteen days after the date on which the notice was served on him.  He shall certify thereon that a copy thereof has been served personally or by mail on either the plaintiff or its attorney of record in the suit.  This motion shall be tried contradictorily with preference to the judge alone and shall be decided prior to fixing the case for trial on the compensation or damages due to the defendant.

B.  Failure to file the motion within the time provided constitutes a waiver of all defenses to the taking except claims for compensation or damages.

Acts 2003, No. 1212, §1.