There Is a Newer Version
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this Title
2020 Louisiana Laws
Revised Statutes
Title 19 - Expropriation
PART I. GENERAL PROVISIONS
- §1. "Property" defined
- §2. Expropriation by state or certain corporations, limited liability companies, or other legal entities
- §2.1. Petition for expropriation; place of filing; contents; claims for damages; prescription
- §2.2. Expropriation by expropriating authorities referred to in R.S. 19:2
- §3. Property not subject to expropriation
- §4. Trial without jury except to determine compensation
- §5. Time of trial; notice to defendant
- §6. Service of answer on plaintiff
- §7. Failure to timely file by defendant; forfeiture of defenses
- §8. Trial with dispatch; judgment; appraisals; payment in court registry
- §9. Measure of compensation; "extent of loss"
- §10. Transfer of ownership
- §11. Encumbered property; distribution of price to creditors
- §12. Tender of true value refused; costs
- §13. Appeal; payment of award to owner or deposit in court as entitling plaintiff to property
- §14. Possession of property; removal of facilities; objection; waiver
- §15. Jury costs; demand by expropriating authority
- §16. Expropriation by public entity; authority
PART II. SPECIAL HIGHWAY EXPROPRIATION PROCEDURE
PART III. EXPROPRIATION BY MUNICIPAL CORPORATIONS
- §101. Property defined
- §102. Expropriation by municipal corporations
- §103. Petition for expropriation; place of filing; contents; claims for damages; prescription
- §104. Property not subject to expropriation
- §105. Trial without jury except to determine compensation
- §106. Time of trial; notice to defendant
- §107. Service of answer on plaintiff
- §108. Failure to timely file an answer by defendant forfeits defenses
- §109. Trial in or out of term with dispatch; judgment; appraisals; payment in court registry
- §110. Measure of compensation; "extent of loss"
- §111. Transfer of ownership
- §111.1. Compensation for expropriation; funds abandoned in registry of court; town of Berwick
- §112. Encumbered property; distribution of price to creditors
- §113. Tender of true value refused; costs
- §114. Appeal; payment of award to owner or deposit in court as entitling plaintiff to property
- §115. Possession of property; construction of facilities; objection; waiver
- §116. Jury costs; demand by municipal corporation
PART III-A. EXPROPRIATION OF PORTIONS OF PROPERTY BY A DECLARATION OF TAKING
- §121. Property defined
- §122. Authority to expropriate and acquisition of property for street or drainage projects prior to judgment
- §123. Contents of petition for expropriation; place of filing
- §124. Prayer of petition; ex parte order for deposit
- §125. Vesting of title
- §126. Notice to defendant
- §127. Contesting validity of proposed taking; waiver of defenses
- §128. Defendant's answer; requirements; delay for filing
- §129. Nonuse; penalties
PART III-B. EXPROPRIATION OF PROPERTY BY A DECLARATION OF TAKING BY EAST BATON ROUGE PARISH AND THE CITY OF BATON ROUGE
- §131. Property defined
- §131.1. Authority to expropriate and acquisition of property for sewer, drainage, or road projects prior to judgment
- §131.2. Contents of petition for expropriation; place of filing
- §131.3. Prayer of petition; ex parte order for deposit
- §131.4. Vesting of title
- §131.5. Notice to defendant
- §131.6. Contesting validity of proposed taking; waiver of defenses
- §131.7. Defendant's answer; requirements; delay for filing
PART III-C. EXPROPRIATION OF PROPERTY BY A DECLARATION OF TAKING BY CITY OF ALEXANDRIA OR CITY OF NEW ORLEANS
- §132. Property, governing authority defined
- §132.1. Authority to expropriate; acquisition of property for street, drainage, water, utility, sewerage, or other capital project prior to judgment
- §132.2. Contents of petition for expropriation; place of filing
- §132.3. Prayer of petition; ex parte order for deposit
- §132.4. Vesting of title
- §132.5. Notice to defendant
- §132.6. Contesting validity of proposed taking; waiver of defenses
- §132.7. Defendant's answer; requirements; delay for filing
- §132.8. Nonuse; penalties
PART III-D. EXPROPRIATION OF PROPERTY BY A DECLARATION OF TAKING BY TOWN OF COLFAX
- §133. Property, governing authority, project, defined
- §133.1. Authority to expropriate and acquisition of property for Aloha-Rigolette Area Louisiana Project prior to judgment
- §133.2. Contents of petition for expropriation; place of filing
- §133.3. Prayer of petition; ex parte order for deposit
- §133.4. Vesting of title
- §133.5. Notice to defendant
- §133.6. Contesting validity of proposed taking; waiver of defenses
- §133.7. Defendant's answer; requirements; delay for filing
PART III-E. EXPROPRIATION OF PROPERTY BY A DECLARATION OF TAKING BY PARISH OF CALCASIEU AND THE CITY OF LAKE CHARLES
- §134. Property, governing authority defined
- §134.1. Authority to expropriate; acquisition of property for street, drainage, water, utility, or sewerage projects prior to judgment
- §134.2. Contents of petition for expropriation; place of filing
- §134.3. Prayer of petition; ex parte order for deposit
- §134.4. Vesting of title
- §134.5. Notice to defendant
- §134.6. Contesting validity of proposed taking; waiver of defenses
- §134.7. Defendant's answer; requirements; delay for filing
PART III-F. EXPROPRIATION OF PROPERTY BY A DECLARATION OF TAKING BY THE CITY OF RUSTON
- §135. Property, governing authority defined
- §135.1. Authority to expropriate; acquisition of property for certain purposes
- §135.2. Contents of petition for expropriation; place of filing
- §135.3. Prayer of petition; ex parte order for deposit
- §135.4. Vesting of title
- §135.5. Notice to defendant
- §135.6. Contesting validity of proposed taking; waiver of defenses
- §135.7. Defendant's answer; requirements; delay for filing
PART III-G. EXPROPRIATION OF ABANDONED OR BLIGHTED PROPERTY BY A DECLARATION OF TAKING BY THE CITY OF NEW ORLEANS AND THE CITY OF GRAMBLING
- §136. Purpose
- §136.1. Definitions
- §136.2. Authority to expropriate; acquisition of abandoned or blighted property prior to judgment
- §136.3. Contents of petition for expropriation; place of filing
- §136.4. Prayer of petition; ex parte order for deposit; value determination
- §136.5. Vesting of title
- §136.6. Notice to defendant
- §136.7. Contesting validity of proposed taking; waiver of defenses
- §136.8. Defendant's answer; requirements; delay for filing
- §136.9. Encumbrances and taxes
- §136.10. Repealed by Acts 2004, No. 755, §2, eff. July 6, 2004.
- §136.11. Acquisition by third persons
- §136.12. Sale of expropriated property
- §136.13. Notice of sale; private and public
PART III-H. EXPROPRIATION OF PROPERTY BY A DECLARATION OF TAKING BY CITY OF PINEVILLE
- §138. City of Pineville; Susek Drive Project; acquisition of property prior to judgment; definitions
- §138.1. Contents of petition; place of filing
- §138.2. Prayer of the petition; ex parte order of taking
- §138.3. Vesting of title
- §138.4. Notice to defendant
- §138.5. Contesting validity of taking; waiver of defenses
- §138.6. Defendant's answer; requirements; delay for filing
- §138.7. Grant as additional authority
PART III-I. EXPROPRIATION OF PROPERTY BY A DECLARATION OF TAKING BY CITY OF LAFAYETTE AND PARISH OF LAFAYETTE
- §139. City of Lafayette and parish of Lafayette; Kaliste Saloom Road Widening Project or drainage, road, or bridge projects; acquisition of property prior to judgment; definitions
- §139.1. Contents of petition; place of filing
- §139.2. Prayer of the petition; ex parte order of taking
- §139.3. Vesting of title
- §139.4. Notice to defendant
- §139.5. Contesting validity of taking; waiver of defenses
- §139.6. Defendant's answer; requirements; delay for filing
- §139.7. Grant as additional authority
PART III-J. EXPROPRIATION OF PROPERTY BY A DECLARATION OF TAKING BY CITY OF YOUNGSVILLE
- §139.11. City of Youngsville; Chemin Metairie Phase II Project; acquisition of property prior to judgment; definitions
- §139.12. Contents of petition; place of filing
- §139.13. Prayer of the petition; ex parte order of taking
- §139.14. Vesting of title
- §139.15. Notice to defendant
- §139.16. Contesting validity of taking; waiver of defenses
- §139.17. Defendant's answer; requirements; delay for filing
- §139.18. Grant as additional authority
PART IV. EXPROPRIATION BY PORT COMMISSIONS, PORT AUTHORITIES, LOUISIANA STATE UNIVERSITY, AND THE DEPARTMENT OF PUBLIC WORKS, STATE OF LOUISIANA
- §141. Acquisition of property prior to judgment
- §142. Contents of petition
- §143. Appointment of estimators; restrictions in selection
- §144. Prayer of the petition; ex parte order of taking
- §145. Vesting of title
- §146. Notice to defendant
- §147. Contesting validity or extent of taking; waiver of defenses; judgment on validity or extent of taking
- §148. Right of possession; limitation by the court
- §149. Withdrawal of amount deposited
- §150. Determining value where entire tract expropriated; jury demand
- §151. Determining value and damages where part of a tract is expropriated; jury demand
- §152. Laches by defendant forfeits defenses
- §153. Measure of compensation; burden of proof
- §154. Trial according to general expropriation laws
- §155. Judgment to provide interest
- §156. Judgment as to difference awarded
- §157. Distribution of final award
- §158. Grant as additional authority
- §159. Appeal; expedited review; effect of appeal
- §160. Divesting of title
PART V. MISCELLANEOUS PROVISIONS
PART VI. EXPROPRIATION BY A DECLARATION OF TAKING BY THE LAFOURCHE PARISH WATER DISTRICT NO. 1
- §251. Lafourche Parish Water District No.1; acquisition of property prior to judgment; definitions
- §252. Contents of petition; place of filing
- §253. Prayer of the petition; ex parte order of taking
- §254. Vesting of title
- §255. Notice to defendant
- §256. Contesting validity of taking; waiver of defenses
- §257. Defendant's answer; requirements; delay for filing
- §258. Grant as additional authority
PART VII. EXPROPRIATION BY A DECLARATION OF TAKING BY THE TERREBONNE PARISH CONSOLIDATED GOVERNMENT
- §271. Terrebonne Parish Consolidated Government; authority to expropriate; acquisition of property prior to judgment; definitions
- §272. Contents of petition; place of filing
- §273. Prayer of the petition; ex parte order of taking
- §274. Vesting of title
- §275. Notice to defendant
- §276. Contesting validity of taking; waiver of defenses
- §277. Defendant's answer; requirements; delay for filing
- §278. Grant as additional authority
PART VIII. EXPROPRIATION BY A DECLARATION OF TAKING BY THE CONSOLIDATED TERREBONNE PARISH WATERWORKS DISTRICT NO. 1
- §291. Consolidated Terrebonne Parish Waterworks District No. 1; authority to expropriate; acquisition of property prior to judgment; definitions
- §292. Contents of petition; place of filing
- §293. Prayer of the petition; ex parte order of taking
- §294. Vesting of title
- §295. Notice to defendant
- §296. Contesting validity of taking; waiver of defenses
- §297. Defendant's answer; requirements; delay for filing
- §298. Grant as additional authority
PART IX. EXPROPRIATION BY A DECLARATION OF TAKING BY THE TOWN OF BERNICE
- §311. Town of Bernice; Rail Spur Project; acquisition of property prior to judgment; definitions
- §312. Contents of petition; place of filing
- §313. Prayer of the petition; ex parte order of taking
- §314. Vesting of title
- §315. Notice to defendant
- §316. Contesting validity of taking; waiver of defenses
- §317. Defendant's answer; requirements; delay for filing
- §318. Grant as additional authority
PART X. EXPROPRIATION BY A DECLARATION OF TAKING BY CERTAIN PARISHES
- §351. Property, governing authority defined
- §352. Authority to expropriate and acquisition of property for sewer, drainage, or road projects prior to judgment
- §353. Prayer of petition; ex parte order for deposit
- §354. Vesting of title
- §355. Contesting validity of proposed taking; waiver of defenses
PART XI. EXPROPRIATION BY A DECLARATION OF TAKING BY THE CITY OF CENTRAL
- §371. Definitions
- §372. Authority to expropriate property for drainage maintenance or improvements prior to judgment
- §373. Appointment of appraisers
- §374. Contents of petition for expropriation; place of filing
- §375. Ex parte order for deposit; vesting of title
- §376. Notice to property owners
- §377. Withdrawal of deposit
- §378. Contesting validity of taking; waiver of defenses
- §379. Answer; delay for filing
- §380. Fixing for trial; notice
- §381. Grant as additional authority
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