2023 Louisiana Laws
Revised Statutes
Title 19 - Expropriation
TITLE 19
EXPROPRIATION
PART I. GENERAL PROVISIONS
- §19:1. "Property" defined
- §19:2. Expropriation by state or certain corporations, limited liability companies, or other legal entities
- §19:2.1. Petition for expropriation; place of filing; contents; claims for damages; prescription
- §19:2.2. Expropriation by expropriating authorities referred to in R.S. 19:2
- §19:3. Property not subject to expropriation
- §19:4. Trial without jury except to determine compensation
- §19:5. Time of trial; notice to defendant
- §19:6. Service of answer on plaintiff
- §19:7. Failure to timely file by defendant; forfeiture of defenses
- §19:8. Trial with dispatch; judgment; appraisals; payment in court registry
- §19:9. Measure of compensation; "extent of loss"
- §19:10. Transfer of ownership
- §19:11. Encumbered property; distribution of price to creditors
- §19:12. Tender of true value refused; costs
- §19:13. Appeal; payment of award to owner or deposit in court as entitling plaintiff to property
- §19:14. Possession of property; removal of facilities; objection; waiver
- §19:15. Jury costs; demand by expropriating authority
- §19:16. Expropriation by public entity; authority
PART II. SPECIAL HIGHWAY EXPROPRIATION PROCEDURE
PART III. EXPROPRIATION BY MUNICIPAL CORPORATIONS
- §19:101. Property defined
- §19:102. Expropriation by municipal corporations
- §19:103. Petition for expropriation; place of filing; contents; claims for damages; prescription
- §19:104. Property not subject to expropriation
- §19:105. Trial without jury except to determine compensation
- §19:106. Time of trial; notice to defendant
- §19:107. Service of answer on plaintiff
- §19:108. Failure to timely file an answer by defendant forfeits defenses
- §19:109. Trial in or out of term with dispatch; judgment; appraisals; payment in court registry
- §19:110. Measure of compensation; "extent of loss"
- §19:111. Transfer of ownership
- §19:111.1. Compensation for expropriation; funds abandoned in registry of court; town of Berwick
- §19:112. Encumbered property; distribution of price to creditors
- §19:113. Tender of true value refused; costs
- §19:114. Appeal; payment of award to owner or deposit in court as entitling plaintiff to property
- §19:115. Possession of property; construction of facilities; objection; waiver
- §19:116. Jury costs; demand by municipal corporation
PART III-A. EXPROPRIATION OF PORTIONS OF PROPERTY
BY A DECLARATION OF TAKING
- §19:121. Property defined
- §19:122. Authority to expropriate and acquisition of property for street or drainage projects prior to judgment
- §19:123. Contents of petition for expropriation; place of filing
- §19:124. Prayer of petition; ex parte order for deposit
- §19:125. Vesting of title
- §19:126. Notice to defendant
- §19:127. Contesting validity of proposed taking; waiver of defenses
- §19:128. Defendant's answer; requirements; delay for filing
- §19:129. Nonuse; penalties
PART III-B. EXPROPRIATION OF PROPERTY BY
A DECLARATION OF TAKING BY EAST BATON ROUGE
PARISH AND THE CITY OF BATON ROUGE
- §19:131. Property defined
- §19:131.1. Authority to expropriate and acquisition of property for sewer, drainage, or road projects prior to judgment
- §19:131.2. Contents of petition for expropriation; place of filing
- §19:131.3. Prayer of petition; ex parte order for deposit
- §19:131.4. Vesting of title
- §19:131.5. Notice to defendant
- §19:131.6. Contesting validity of proposed taking; waiver of defenses
- §19:131.7. 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
- §19:132. Property, governing authority defined
- §19:132.1. Authority to expropriate; acquisition of property for street, drainage, water, utility, sewerage, or other capital project prior to judgment
- §19:132.2. Contents of petition for expropriation; place of filing
- §19:132.3. Prayer of petition; ex parte order for deposit
- §19:132.4. Vesting of title
- §19:132.5. Notice to defendant
- §19:132.6. Contesting validity of proposed taking; waiver of defenses
- §19:132.7. Defendant's answer; requirements; delay for filing
- §19:132.8. Nonuse; penalties
PART III-D. EXPROPRIATION OF PROPERTY
BY A DECLARATION OF TAKING BY TOWN OF COLFAX
- §19:133. Property, governing authority, project, defined
- §19:133.1. Authority to expropriate and acquisition of property for Aloha-Rigolette Area Louisiana Project prior to judgment
- §19:133.2. Contents of petition for expropriation; place of filing
- §19:133.3. Prayer of petition; ex parte order for deposit
- §19:133.4. Vesting of title
- §19:133.5. Notice to defendant
- §19:133.6. Contesting validity of proposed taking; waiver of defenses
- §19:133.7. Defendant's answer; requirements; delay for filing
PART III-E. EXPROPRIATION OF PROPERTY BY
A DECLARATION OF TAKING BY PARISH OF CALCASIEU,
CITIES OF LAKE CHARLES AND SULPHUR
- §19:134. Property and governing authority defined
- §19:134.1. Authority to expropriate; acquisition of property for street, drainage, water, utility, or sewerage projects prior to judgment
- §19:134.2. Contents of petition for expropriation; place of filing
- §19:134.3. Prayer of petition; ex parte order for deposit
- §19:134.4. Vesting of title
- §19:134.5. Notice to defendant
- §19:134.6. Contesting validity of proposed taking; waiver of defenses
- §19:134.7. Defendant's answer; requirements; delay for filing
PART III-F. EXPROPRIATION OF PROPERTY BY A DECLARATION
OF TAKING BY THE CITY OF RUSTON
- §19:135. Property, governing authority defined
- §19:135.1. Authority to expropriate; acquisition of property for certain purposes
- §19:135.2. Contents of petition for expropriation; place of filing
- §19:135.3. Prayer of petition; ex parte order for deposit
- §19:135.4. Vesting of title
- §19:135.5. Notice to defendant
- §19:135.6. Contesting validity of proposed taking; waiver of defenses
- §19:135.7. 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
- §19:136. Purpose
- §19:136.1. Definitions
- §19:136.2. Authority to expropriate; acquisition of abandoned or blighted property prior to judgment
- §19:136.3. Contents of petition for expropriation; place of filing
- §19:136.4. Prayer of petition; ex parte order for deposit; value determination
- §19:136.5. Vesting of title
- §19:136.6. Notice to defendant
- §19:136.7. Contesting validity of proposed taking; waiver of defenses
- §19:136.8. Defendant's answer; requirements; delay for filing
- §19:136.9. Encumbrances and taxes
- §19:136.10. Repealed by Acts 2004, No. 755, §2, eff. July 6, 2004.
- §19:136.11. Acquisition by third persons
- §19:136.12. Sale of expropriated property
- §19:136.13. Notice of sale; private and public
PART III-H. EXPROPRIATION OF PROPERTY BY A
DECLARATION OF TAKING BY CITY OF PINEVILLE
- §19:138. City of Pineville; Susek Drive Project; acquisition of property prior to judgment; definitions
- §19:138.1. Contents of petition; place of filing
- §19:138.2. Prayer of the petition; ex parte order of taking
- §19:138.3. Vesting of title
- §19:138.4. Notice to defendant
- §19:138.5. Contesting validity of taking; waiver of defenses
- §19:138.6. Defendant's answer; requirements; delay for filing
- §19:138.7. Grant as additional authority
PART III-I. EXPROPRIATION OF PROPERTY BY A DECLARATION
OF TAKING BY CITY OF LAFAYETTE AND PARISH OF LAFAYETTE
- §19:139. 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
- §19:139.1. Contents of petition; place of filing
- §19:139.2. Prayer of the petition; ex parte order of taking
- §19:139.3. Vesting of title
- §19:139.4. Notice to defendant
- §19:139.5. Contesting validity of taking; waiver of defenses
- §19:139.6. Defendant's answer; requirements; delay for filing
- §19:139.7. Grant as additional authority
PART III-J. EXPROPRIATION OF PROPERTY BY A DECLARATION
OF TAKING BY CITY OF YOUNGSVILLE
- §19:139.11. City of Youngsville; Chemin Metairie Phase II Project; acquisition of property prior to judgment; definitions
- §19:139.12. Contents of petition; place of filing
- §19:139.13. Prayer of the petition; ex parte order of taking
- §19:139.14. Vesting of title
- §19:139.15. Notice to defendant
- §19:139.16. Contesting validity of taking; waiver of defenses
- §19:139.17. Defendant's answer; requirements; delay for filing
- §19:139.18. Grant as additional authority
PART IV. EXPROPRIATION BY PORT COMMISSIONS,
PORT AUTHORITIES, LOUISIANA STATE UNIVERSITY, AND
THE DEPARTMENT OF PUBLIC WORKS, STATE OF LOUISIANA
- §19:141. Acquisition of property prior to judgment
- §19:142. Contents of petition
- §19:143. Appointment of estimators; restrictions in selection
- §19:144. Prayer of the petition; ex parte order of taking
- §19:145. Vesting of title
- §19:146. Notice to defendant
- §19:147. Contesting validity or extent of taking; waiver of defenses; judgment on validity or extent of taking
- §19:148. Right of possession; limitation by the court
- §19:149. Withdrawal of amount deposited
- §19:150. Determining value where entire tract expropriated; jury demand
- §19:151. Determining value and damages where part of a tract is expropriated; jury demand
- §19:152. Laches by defendant forfeits defenses
- §19:153. Measure of compensation; burden of proof
- §19:154. Trial according to general expropriation laws
- §19:155. Judgment to provide interest
- §19:156. Judgment as to difference awarded
- §19:157. Distribution of final award
- §19:158. Grant as additional authority
- §19:159. Appeal; expedited review; effect of appeal
- §19:160. Divesting of title
PART V. MISCELLANEOUS PROVISIONS
PART VI. EXPROPRIATION BY A DECLARATION OF TAKING BY
THE LAFOURCHE PARISH WATER DISTRICT NO. 1
- §19:251. Lafourche Parish Water District No.1; acquisition of property prior to judgment; definitions
- §19:252. Contents of petition; place of filing
- §19:253. Prayer of the petition; ex parte order of taking
- §19:254. Vesting of title
- §19:255. Notice to defendant
- §19:256. Contesting validity of taking; waiver of defenses
- §19:257. Defendant's answer; requirements; delay for filing
- §19:258. Grant as additional authority
PART VII. EXPROPRIATION BY A DECLARATION OF TAKING
BY THE TERREBONNE PARISH CONSOLIDATED GOVERNMENT
- §19:271. Terrebonne Parish Consolidated Government; authority to expropriate; acquisition of property prior to judgment; definitions
- §19:272. Contents of petition; place of filing
- §19:273. Prayer of the petition; ex parte order of taking
- §19:274. Vesting of title
- §19:275. Notice to defendant
- §19:276. Contesting validity of taking; waiver of defenses
- §19:277. Defendant's answer; requirements; delay for filing
- §19:278. Grant as additional authority
PART VIII. EXPROPRIATION BY A DECLARATION OF
TAKING BY THE CONSOLIDATED TERREBONNE PARISH
WATERWORKS DISTRICT NO. 1
- §19:291. Consolidated Terrebonne Parish Waterworks District No. 1; authority to expropriate; acquisition of property prior to judgment; definitions
- §19:292. Contents of petition; place of filing
- §19:293. Prayer of the petition; ex parte order of taking
- §19:294. Vesting of title
- §19:295. Notice to defendant
- §19:296. Contesting validity of taking; waiver of defenses
- §19:297. Defendant's answer; requirements; delay for filing
- §19:298. Grant as additional authority
PART IX. EXPROPRIATION BY A DECLARATION OF
TAKING BY THE TOWN OF BERNICE
- §19:311. Town of Bernice; Rail Spur Project; acquisition of property prior to judgment; definitions
- §19:312. Contents of petition; place of filing
- §19:313. Prayer of the petition; ex parte order of taking
- §19:314. Vesting of title
- §19:315. Notice to defendant
- §19:316. Contesting validity of taking; waiver of defenses
- §19:317. Defendant's answer; requirements; delay for filing
- §19:318. Grant as additional authority
PART X. EXPROPRIATION BY A DECLARATION
OF TAKING BY CERTAIN PARISHES
- §19:351. Property, governing authority defined
- §19:352. Authority to expropriate and acquisition of property for sewer, drainage, or road projects prior to judgment
- §19:353. Prayer of petition; ex parte order for deposit
- §19:354. Vesting of title
- §19:355. Contesting validity of proposed taking; waiver of defenses
PART XI. EXPROPRIATION BY A DECLARATION OF TAKING
BY THE CITY OF CENTRAL
- §19:371. Definitions
- §19:372. Authority to expropriate property for drainage maintenance or improvements prior to judgment
- §19:373. Appointment of appraisers
- §19:374. Contents of petition for expropriation; place of filing
- §19:375. Ex parte order for deposit; vesting of title
- §19:376. Notice to property owners
- §19:377. Withdrawal of deposit
- §19:378. Contesting validity of taking; waiver of defenses
- §19:379. Answer; delay for filing
- §19:380. Fixing for trial; notice
- §19:381. Grant as additional authority