2021 Louisiana Laws
Revised Statutes
Title 49 - State Administration
§214.5.6. Measure of compensation; property taken for public purposes; venue
RS 214.5.6 - Measure of compensation; property taken for public purposes; venue
A. The full police power of the state shall be exercised to address the rapid, ongoing, and catastrophic loss of coastal Louisiana, and in order to devote the maximum resources of the state to meet this immediate and compelling public necessity, compensation to be paid for property taken for public purposes related to coastal wetlands conservation, management, preservation, enhancement, creation, or restoration shall only be paid by the state or its political subdivisions as provided in this Section.
B. Compensation paid for the taking of, including loss or damage to, property rights affected by coastal wetlands conservation, management, preservation, enhancement, creation, or restoration activities shall be governed by and strictly limited to the amount and circumstances required by the Fifth Amendment of the Constitution of the United States of America.
C. Notwithstanding any other provision of law to the contrary, any person who has entered into an oyster lease with the state and who is claiming compensation pursuant to this Section arising out of or in any way related to the oyster lease granted by the state shall file such action only in the Nineteenth Judicial District Court for the Parish of East Baton Rouge.
D. The full police power of the state shall be exercised to address the loss and devastation to the state and individuals arising from hurricanes, storm surges and flooding. To devote the maximum resources of the state to meet these immediate and compelling public necessities, compensation paid for the taking of, or loss or damage to, property rights necessary for the construction, enlargement, improvement, or modification of federal or non-federal hurricane protection projects, including mitigation related thereto, shall be limited to the compensation required by the Fifth Amendment of the Constitution of the United States of America unless an exception as provided in Article I, Section 4(G) of the Constitution of Louisiana is applicable.
Acts 2009, No. 523, §3, eff. July 10, 2009.
