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2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:139.1. Contents of petition; place of filing

RS 19:139.1 - Contents of petition; 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 governing authority in the district court of the parish in which the property to be expropriated is situated.
(2) The petition shall contain a statement of the purpose for which the property is to be expropriated, describing the property necessary therefor with a plan of the same, a description of the improvements thereon, if any, and the name of the owner if known.
(3) The petition shall have annexed to it all of the following:
(a) A certified copy of a resolution or ordinance adopted by the governing authority authorizing the taking and declaring that it is necessary or useful for the purposes of this Part.
(b) A certificate signed by the consulting engineer for the governing authority declaring that (i) he has fixed the right-of-way in a manner sufficient in his judgment to provide for the public interest, safety, and convenience and (ii) the location and design of the proposed improvements are in accordance with the best modern practices adopted in the interest of the safety and convenience of the public.
(c) An itemized statement of the amount of money estimated to be the full extent of the owner's loss for the taking or the damage, or both, as the case may be. It shall be signed by those who made the estimate, showing the capacity in which they acted, and the date on which it was made.
(d) A copy of the return receipt from the letter of notification of intention to expropriate the property, as required by R.S. 19:139(B).
Acts 2009, No. 19, §1, eff. June 12, 2009.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:139.2. Prayer of the petition; ex parte order of taking

RS 19:139.2 - Prayer of the petition; ex parte order of taking
The petition shall conclude with a prayer that the property be declared taken for public purposes and, upon presentation of the petition, the court shall issue an order directing that the amount of the estimate be deposited in the registry of the court and declaring that the property described in the petition has been taken for public purposes at the time of the deposit.
Acts 2009, No. 19, §1, eff. June 12, 2009.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:139.3. Vesting of title

RS 19:139.3 - 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 compensation therefor shall vest in the persons entitled thereto. Upon vesting of title, the governing authority may enter upon and take possession of the property.
Acts 2009, No. 19, §1, eff. June 12, 2009.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:139.4. Notice to defendant

RS 19:139.4 - 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 the property described in the petition has been expropriated for public purposes.
B. This notice, together with a certified copy of the order, the petition, and the clerk's receipt for the deposit, shall be delivered by the clerk to the proper sheriff for service on each defendant in the manner provided for the service of citations.
Acts 2009, No. 19, §1, eff. June 12, 2009.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:139.5. Contesting validity of taking; waiver of defenses

RS 19:139.5 - Contesting validity of taking; waiver of defenses
A. Any defendant desiring to contest the validity of the taking on the ground that the property was not expropriated for a public use may file a motion to dismiss the suit within fifteen days from the date 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 his 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 or to serve a copy thereof on the plaintiff constitutes a waiver of all defenses to the suit except claims for compensation or damages.
Acts 2009, No. 19, §1, eff. June 12, 2009.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:139.6. Defendant's answer; requirements; delay for filing

RS 19:139.6 - 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 notified in writing by the governing authority that it has finally accepted the construction project for which the property was expropriated. However, he may file his answer prior to the date he is notified by the governing authority.
(2) His answer sets forth the amount he claims, including the value of each parcel expropriated and the amount he claims as damages to the remainder of his property.
(3) His damage claim is reasonably itemized.
(4) His answer has a certificate thereon showing that a copy thereof has been served personally or by mail on all parties to the suit who have not joined in the answer.
Acts 2009, No. 19, §1, eff. June 12, 2009.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:139.7. Grant as additional authority

RS 19:139.7 - Grant as additional authority
The right to take possession and title as provided in this Part is in addition to any right or authority conferred by the laws of this state under which expropriation proceedings may be conducted and shall not be construed as abrogating, eliminating, or modifying any such right or authority.
Acts 2009, No. 19, §1, eff. June 12, 2009.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:139.11. City of Youngsville; Chemin Metairie Phase II Project; acquisition of property prior to judgment; definitions

RS 19:139.11 - City of Youngsville; Chemin Metairie Phase II Project; acquisition of property prior to judgment; definitions
A. When the governing authority cannot amicably acquire property needed by the city of Youngsville for its Chemin Metairie Phase II Project, it may acquire the same by expropriation and may acquire the property prior to judgment in the trial court fixing the amount of compensation due to the record owner of the property.
B. At least fifteen days prior to filing a petition for expropriation, the governing authority shall notify the record owner or owners by certified mail, return receipt requested, of its intention to expropriate the property pursuant to this Part. The letter of notification shall also inform the owner that if, within fifteen days after being served with the notice of suit, he does not object to the taking on the ground that it is not for a public purpose, he will waive all defenses to the taking except claims for compensation or damages. A copy of this Part shall be enclosed with the letter of notification.
C. Except as otherwise provided in this Part, such expropriation by the governing authority shall be conducted in the manner that the Department of Transportation and Development may expropriate property for highway purposes, as set forth in R.S. 48:441 through 460.
D. 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 city of Youngsville; and the term "project" means the Chemin Metairie Phase II Project.
Acts 2009, No. 290, §1, eff. July 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:139.12. Contents of petition; place of filing

RS 19:139.12 - Contents of petition; 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 governing authority in the district court of the parish in which the property to be expropriated is situated.
(2) The petition shall contain a statement of the purpose for which the property is to be expropriated, describing the property necessary therefor with a plan of the same, a description of the improvements thereon, if any, and the name of the owner if known.
(3) The petition shall have annexed to it all of the following:
(a) A certified copy of a resolution adopted by the governing authority authorizing the taking and declaring that it is necessary or useful for the purposes of this Part.
(b) A certificate signed by the consulting engineer for the governing authority declaring that (i) he has fixed the right-of-way in a manner sufficient in his judgment to provide for the public interest, safety, and convenience and (ii) the location and design of the proposed improvements are in accordance with the best modern practices adopted in the interest of the safety and convenience of the public.
(c) An itemized statement of the amount of money estimated to be the full extent of the owner's loss for the taking or the damage, or both, as the case may be. It shall be signed by those who made the estimate, showing the capacity in which they acted, and the date on which it was made.
(d) A copy of the return receipt from the letter of notification of intention to expropriate the property, as required by R.S. 19:139.11(B).
Acts 2009, No. 290, §1, eff. July 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:139.13. Prayer of the petition; ex parte order of taking

RS 19:139.13 - Prayer of the petition; ex parte order of taking
The petition shall conclude with a prayer that the property be declared taken for public purposes and, upon presentation of the petition, the court shall issue an order directing that the amount of the estimate be deposited in the registry of the court and declaring that the property described in the petition has been taken for public purposes at the time of the deposit.
Acts 2009, No. 290, §1, eff. July 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:139.14. Vesting of title

RS 19:139.14 - 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 compensation therefor shall vest in the persons entitled thereto. Upon vesting of title, the governing authority may enter upon and take possession of the property.
Acts 2009, No. 290, §1, eff. July 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:139.15. Notice to defendant

RS 19:139.15 - Notice to defendant
A. Upon receipt of the deposit, the clerk of court shall issue a notice to each named defendant in the suit, notifying him that the property described in the petition has been expropriated for public purposes.
B. This notice, together with a certified copy of the order, the petition, and the clerk's receipt for the deposit, shall be delivered by the clerk to the proper sheriff for service on each named defendant in the manner provided for the service of citations.
Acts 2009, No. 290, §1, eff. July 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:139.16. Contesting validity of taking; waiver of defenses

RS 19:139.16 - Contesting validity of taking; waiver of defenses
A. Any defendant desiring to contest the validity of the taking on the ground that the property was not expropriated for a public use may file a motion to dismiss the suit within fifteen days from the date 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 his 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 or to serve a copy thereof on the plaintiff constitutes a waiver of all defenses to the suit except claims for compensation or damages.
Acts 2009, No. 290, §1, eff. July 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:139.17. Defendant's answer; requirements; delay for filing

RS 19:139.17 - 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 notified in writing by the governing authority that it has finally accepted the construction project for which the property was expropriated. However, he may file his answer prior to the date he is notified by the governing authority.
(2) His answer sets forth the amount he claims, including the value of each parcel expropriated and the amount he claims as damages to the remainder of his property.
(3) His damage claim is reasonably itemized.
(4) His answer has a certificate thereon showing that a copy thereof has been served personally or by mail on all parties to the suit who have not joined in the answer.
Acts 2009, No. 290, §1, eff. July 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:139.18. Grant as additional authority

RS 19:139.18 - Grant as additional authority
The right to take possession and title as provided in this Part is in addition to any right or authority conferred by the laws of this state under which expropriation proceedings may be conducted and shall not be construed as abrogating, eliminating, or modifying any such right or authority.
Acts 2009, No. 290, §1, eff. July 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:141. Acquisition of property prior to judgment

RS 19:141 - Acquisition of property prior to judgment
In any suit for the expropriation of property, including the fee simple title and servitudes, all port commissions and port authorities created by the constitution or statutes of Louisiana; Louisiana State University and Agricultural and Mechanical College; the Department of Public Works, State of Louisiana and the Sabine River Authority, State of Louisiana, may acquire the property prior to judgment in the trial court in the manner provided in this Part.
Added by Acts 1958, No. 204, §1. Amended by Acts 1962, No. 40, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:142. Contents of petition

RS 19:142 - Contents of petition
The petition shall contain the allegations required in R.S. 19:2.1, but shall have annexed thereto the following:
(1) A certified copy of a resolution adopted by the board of commissioners of the commission or authority filing the petition or by the Board of Supervisors of Louisiana State University with the concurrence of not less than two-thirds of its members, declaring that the taking is necessary or useful for the purposes for which the commission authority or university was created or if the petition is filed on behalf of the department of public works, a statement of like nature by the director of public works.
(2) A certificate signed by the consulting engineer of the port commission or authority, by a person designated for that purpose by the board of supervisors of Louisiana State University or by the chief engineer of the department of public works, where the expropriation is sought by the department of public works or by the Sabine River Authority declaring that he has made a determination of the amount and location of the property or servitude required for the purposes set forth in the petition and that in his opinion the property or servitude is neither excessive nor inadequate for such purposes.
(3) A statement of the amount of money estimated to be just and adequate compensation for the taking, showing any estimate of damages and of value of improvements as separate items. It shall be signed by those who made the estimate, showing the capacity in which they acted and the date on which it was made.
Added by Acts 1958, No. 204, §1. Amended by Acts 1962, No. 40, §2.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:143. Appointment of estimators; restrictions in selection

RS 19:143 - Appointment of estimators; restrictions in selection
The plaintiff shall select two or more persons to make the estimate, but at least one of them must be a licensed realtor who is familiar with land values in the vicinity of the property to be taken.
Added by Acts 1958, No. 204, §1. Amended by Acts 1962, No. 40, §3.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:144. Prayer of the petition; ex parte order of taking

RS 19:144 - Prayer of the petition; ex parte order of taking
The petition shall conclude with a prayer that the property and/or servitude be declared taken for public purposes and, upon presentation of the petition, the court shall issue an order directing that the amount of the estimate be deposited in the registry of the court and declaring that the property described in the petition has been taken for public purposes at the time of the deposit.
Added by Acts 1958, No. 204, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:145. Vesting of title

RS 19:145 - Vesting of title
Upon the deposit of the amount of the estimate in the registry of the court, for the use and benefit of the persons entitled thereto, the clerk shall issue a receipt showing the amount deposited, the date it was deposited, the style and number of the cause, and the description of the property and property rights as contained in the petition. Upon such deposits, title to the property and property rights specified in the petition shall vest in the plaintiff and the right to just and adequate compensation therefor shall vest in the persons entitled thereto.
Added by Acts 1958, No. 204, §1. Amended by Acts 1962, No. 40, §4.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:146. Notice to defendant

RS 19:146 - Notice to defendant
Upon receipt of the deposit, the clerk of court shall issue a notice to each defendant in the suit, notifying him that the property described in the petition has been expropriated for public purposes.
This notice, together with a certified copy of the order, the petition and the clerk's receipt for the deposit, shall be delivered by the clerk to the proper sheriff for service on each defendant in the manner provided for the service of citations.
Added by Acts 1958, No. 204, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:147. Contesting validity or extent of taking; waiver of defenses; judgment on validity or extent of taking

RS 19:147 - Contesting validity or extent of taking; waiver of defenses; judgment on validity or extent of taking
A. Any defendant desiring to contest the validity or extent of the taking on the ground that the property was not expropriated for a public use may file a motion to dismiss the suit within twenty days from the date 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 his attorney of record in the suit. This motion shall be tried contradictorily with the plaintiff.
B. Failure to file the motion to dismiss or to serve a copy thereof on the plaintiff within twenty days from the date the notice was served on him constitutes a waiver of all defenses to the suit except claims for compensation.
C. In the event a defendant files a timely motion to dismiss challenging the validity or extent of the taking, the court shall set the matter for hearing within thirty days after the filing of the motion to dismiss and shall render a decision within five days after the case is submitted. A judgment rendered determining the validity or the extent of the taking pursuant to this Part shall be signed and designated as a final judgment by the court for the purpose of an immediate appeal.
Added by Acts 1958, No. 204, §1; Acts 2014, No. 625, §1.
NOTE: See Acts 2014, No. 625, §2, relative to applicability.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:148. Right of possession; limitation by the court

RS 19:148 - Right of possession; limitation by the court
If there are no buildings located wholly or partially upon the property described in the petition, the plaintiff shall be entitled to enter upon and take possession of the property upon the deposit of the estimated compensation.
If any building is located wholly or partially upon the property described in the petition, the court may postpone the right of entry for any period not to exceed thirty days from the date on which the last of any party defendant was served with the notice. The court may fix a reasonable rental to be paid to the plaintiff by a defendant in possession of the property for each day he remains in possession after the withdrawal of any part of the amount deposited.
Added by Acts 1958, No. 204, §1. Amended by Acts 1962, No. 40, §5.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:149. Withdrawal of amount deposited

RS 19:149 - Withdrawal of amount deposited
Upon the application of any party in interest, and upon due notice to all parties, the court may order that the money deposited, or any part thereof, be paid forthwith to the person entitled thereto for or on account of the just and adequate compensation to be awarded in the proceedings.
The court may make such orders as shall be just and equitable to direct the payment of taxes, encumbrances and other charges out of the money deposited.
Added by Acts 1958, No. 204, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:150. Determining value where entire tract expropriated; jury demand

RS 19:150 - Determining value where entire tract expropriated; jury demand
A. Where an entire lot, block or tract of land is expropriated, any defendant may apply for a trial to determine the market value of the property expropriated, provided:
(1) He files an answer within thirty days from the date he is served with the notice required by R.S. 19:146.
(2) His answer sets forth the amount he claims.
(3) His answer has a certificate thereon showing that a copy thereof has been served personally or by mail on all parties to the suit who have not joined in the answer.
B. If the defendant desires a trial by jury, he shall file his demand for a jury trial within thirty days from the date he is served with the notice required by R.S. 19:146. Failure to demand a jury within the time provided constitutes a waiver of the right to a jury trial.
C. Upon the filing of the answer, the court shall issue an order fixing the time of the trial of the suit. The clerk of court shall thereupon issue a notice to all parties who did not join in the answer of the time fixed for the trial. This notice shall be served at least twenty days before the time fixed for the trial and in the manner provided by law for the service of citations.
Added by Acts 1958, No. 204, §1; Acts 2014, No. 625, §1.
NOTE: See Acts 2014, No. 625, §2, relative to applicability.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:151. Determining value and damages where part of a tract is expropriated; jury demand

RS 19:151 - Determining value and damages where part of a tract is expropriated; jury demand
A. Where a portion of a lot, block or tract of land is expropriated, any defendant may apply for a trial to determine the just and adequate compensation to which he is entitled, provided:
(1) He files an answer within one year from the date he is notified in writing, by certified mail, by the plaintiff that it has finally accepted the construction of the facility or facilities for which the property was expropriated.
(2) His answer sets forth the amount he claims as the value of each parcel expropriated and the amount he claims as damages to the remainder of his property.
(3) His damage claim is reasonably itemized.
(4) His answer has a certificate thereon showing that a copy thereof has been served personally or by mail on all parties to the suit who have not joined in the answer.
B. If the defendant desires a trial by jury, he shall include a demand for trial by jury in his answer or separate pleading. The answer or separate pleading demanding a trial by jury shall be filed not later than the time period during which the defendant has to file his answer pursuant to this Section. Failure to demand a jury within the time provided constitutes a waiver of the right to a jury trial.
C. Upon the filing of the answer, the court shall issue an order fixing the time of the trial of the suit on compensation. The clerk of court shall thereupon issue a notice to all parties who did not join in the answer of the time fixed for the trial. This notice shall be served at least twenty days before the time fixed for trial and in the same manner provided for the service of citations.
Added by Acts 1958, No. 204, §1. Amended by Acts 1962, No. 40, §6; Acts 2014, No. 625, §1.
NOTE: See Acts 2014, No. 625, §2, relative to applicability.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:152. Laches by defendant forfeits defenses

RS 19:152 - Laches by defendant forfeits defenses
Failure of a defendant to file his answer timely or to serve copies thereof timely constitutes a waiver of all his defenses to the suit.
Added by Acts 1958, No. 204, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:153. Measure of compensation; burden of proof

RS 19:153 - Measure of compensation; burden of proof
The market value is determined as in general expropriation suits but as of the time the estimated compensation was deposited in the registry of the court.
Damage to the remainder of the property is determined as of the date of the trial.
In either case the defendant has the burden of proving his claim.
Added by Acts 1958, No. 204, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:155. Judgment to provide interest

RS 19:155 - Judgment to provide interest
The judgment rendered therein shall include, as part of the just compensation awarded, interest at the rate of five per centum per annum on the amount finally awarded as of the date title vests in the plaintiff to the date of payment; but interest shall not be allowed on so much thereof as has been deposited in the registry of the court.
Added by Acts 1958, No. 204, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:156. Judgment as to difference awarded

RS 19:156 - Judgment as to difference awarded
If the compensation finally awarded exceeds the amount so deposited, the court shall enter judgment against the plaintiff and in favor of the persons entitled thereto for the amount of the deficiency.
If the compensation finally awarded is less than the amount so deposited, the court shall enter judgment in favor of the plaintiff and against the proper parties for the amount of the excess.
Added by Acts 1958, No. 204, §1. Amended by Acts 1962, No. 40, §7.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:158. Grant as additional authority

RS 19:158 - Grant as additional authority
The right to take possession and title in advance of final judgment, as provided herein, is in addition to any right or authority conferred by the laws of this state under which expropriation proceedings may be conducted, and shall not be construed as abrogating, eliminating, or modifying any such right or authority.
Added by Acts 1958, No. 204, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:159. Appeal; expedited review; effect of appeal

RS 19:159 - Appeal; expedited review; effect of appeal
A. No party to an expropriation proceeding filed pursuant to this Part shall be entitled to or granted a suspensive appeal from any order, judgment, or decree rendered in such proceeding, whether such order, judgment, or decree is on the merits, exceptions, or special pleas and defenses, or compensation, or any or all of them.
B. Any judgment determining the validity or the extent of the taking pursuant to R.S. 19:147, shall be subject to a devolutive appeal, and the delays for taking such an appeal shall commence upon the signing of that judgment.
C. The appellate court shall consider an appeal of a judgment rendered pursuant to R.S. 19:147, on an expedited basis.
D. No appeal in any expropriation suit brought under these provisions shall operate to prevent or delay the vesting of title in the plaintiff.
Added by Acts 1958, No. 204, §1; Acts 2014, No. 625, §1.
NOTE: See Acts 2014, No. 625, §2, relative to applicability.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:160. Divesting of title

RS 19:160 - Divesting of title
The plaintiff shall not be divested by court order of any title acquired under these provisions except where such court finds that the property was not taken for a public use. In the event of such findings, the court shall enter such judgment as may be necessary to compensate the defendant for the period during which the property was in the possession of the plaintiff and to recover for the plaintiff any award paid.
Added by Acts 1958, No. 204, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:201. Attorney fees; unsuccessful or abandoned expropriation suits

RS 19:201 - Attorney fees; unsuccessful or abandoned expropriation suits
A. A court of Louisiana having jurisdiction of a proceeding instituted by any expropriating authority referred to in R.S. 19:2 shall award the owner of any right, or title to, or interest in the property sought to be expropriated such sum as will, in the opinion of the court, reimburse such owner for his reasonable attorney fees, and court costs, actually incurred because of the expropriation proceeding, if the final judgment is that the plaintiff does not acquire at least fifty percent of the immovable property requested in the petition for expropriation or if the proceeding is abandoned by the plaintiff. If the expropriating authority is the state or its political corporations or subdivisions, any such award shall be paid from the same funds from which the purchase price of the property would have been paid.
B. The rights of the owner herein fixed are in addition to any other rights he may have under the Constitution of Louisiana.
Added by Acts 1972, No. 121, §1; Acts 2011, No. 316, §1, eff. June 28, 2011; Acts 2012, No. 702, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:251. Lafourche Parish Water District No.1; acquisition of property prior to judgment; definitions

RS 19:251 - Lafourche Parish Water District No.1; acquisition of property prior to judgment; definitions
A. When the Lafourche Parish Water District No. 1 cannot amicably acquire property needed for its waterworks or sewerage systems, it may acquire the same by expropriation and may acquire the property prior to judgment in the trial court fixing the amount of compensation due to the owner of the property.
B. At least fifteen days prior to filing a petition for expropriation, the district must notify the owner or owners by certified mail, return receipt requested, of its intention to expropriate the property pursuant to this Part. The letter of notification must also inform the owner that if, within fifteen days after being served with the notice of suit, he does not object to the taking on the ground that it is not for a public purpose, he will waive all defenses to the taking except claims for compensation or damages. A copy of this Part must be enclosed with the letter of notification.
C. Except as otherwise provided in this Part, such expropriation by the district shall be conducted in the manner that the Department of Transportation and Development may expropriate property for highway purposes, as set forth in R.S. 48:441 through 460.
D. 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, but shall not include any property, utility plant, or facilities owned by any private waterworks or sewerage system.
Acts 2001, No. 210, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:252. Contents of petition; place of filing

RS 19:252 - Contents of petition; 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 district in the district court of the parish in which the property to be expropriated is situated.
(2) The petition shall contain a statement of the purpose for which the property is to be expropriated, describing the property necessary therefor with a plan of the same, a description of the improvements thereon, if any, and the name of the owner if known.
(3) The petition shall have annexed to it the following:
(a) A certified copy of a resolution adopted by the district authorizing the taking and declaring that it is necessary or useful for the purposes of this Part.
(b) A certificate signed by the consulting engineer for the district declaring that (i) he has fixed the right-of-way in a manner sufficient in his judgment to provide for the public interest, safety, and convenience and (ii) the location and design of the proposed improvements are in accordance with the best modern practices adopted in the interest of the safety and convenience of the public.
(c) An itemized statement of the amount of money estimated to be the full extent of the owner's loss for the taking or the damage, or both, as the case may be. It shall be signed by those who made the estimate, showing the capacity in which they acted, and the date on which it was made.
(d) A copy of the return receipt from the letter of notification of intention to expropriate the property, as required by R.S. 19:251.
Acts 2001, No. 210, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:253. Prayer of the petition; ex parte order of taking

RS 19:253 - Prayer of the petition; ex parte order of taking
The petition shall conclude with a prayer that the property be declared taken for public purposes and, upon presentation of the petition, the court shall issue an order directing that the amount of the estimate be deposited in the registry of the court and declaring that the property described in the petition has been taken for public purposes at the time of the deposit.
Acts 2001, No. 210, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:254. Vesting of title

RS 19:254 - Vesting of title
Title to the property and the property rights specified in the petition shall vest in the district 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 compensation therefor shall vest in the persons entitled thereto. Upon vesting of title, the district may enter upon and take possession of the property.
Acts 2001, No. 210, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:255. Notice to defendant

RS 19:255 - 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 the property described in the petition has been expropriated for public purposes.
B. This notice, together with a certified copy of the order, the petition and the clerk's receipt for the deposit, shall be delivered by the clerk to the proper sheriff for service on each defendant in the manner provided for the service of citations.
Acts 2001, No. 210, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:256. Contesting validity of taking; waiver of defenses

RS 19:256 - Contesting validity of taking; waiver of defenses
A. Any defendant desiring to contest the validity of the taking on the ground that the property was not expropriated for a public use may file a motion to dismiss the suit within ten days from the date 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 his 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 or to serve a copy thereof on the plaintiff constitutes a waiver of all defenses to the suit except claims for compensation or damages.
Acts 2001, No. 210, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:257. Defendant's answer; requirements; delay for filing

RS 19:257 - 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 notified in writing by the district that it has finally accepted the construction project for which the property was expropriated. However, he may file his answer prior to the date he is notified by the district.
(2) His answer sets forth the amount he claims, including the value of each parcel expropriated and the amount he claims as damages to the remainder of his property.
(3) His damage claim is reasonably itemized.
(4) His answer has a certificate thereon showing that a copy thereof has been served personally or by mail on all parties to the suit who have not joined in the answer.
Acts 2001, No. 210, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:258. Grant as additional authority

RS 19:258 - Grant as additional authority
The right to take possession and title as provided in this Part is in addition to any right or authority conferred by the laws of this state under which expropriation proceedings may be conducted and shall not be construed as abrogating, eliminating, or modifying any such right or authority.
Acts 2001, No. 210, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:271. Terrebonne Parish Consolidated Government; authority to expropriate; acquisition of property prior to judgment; definitions

RS 19:271 - Terrebonne Parish Consolidated Government; authority to expropriate; acquisition of property prior to judgment; definitions
A. When the Terrebonne Parish Consolidated Government cannot amicably acquire property needed for a street, parish road or highway, drainage, flood protection, utility, or sewerage project, it may acquire the same by expropriation and may acquire the property prior to judgment in the trial court fixing the amount of compensation due to the owner of the property. The expropriation of any property pursuant to the provisions of this Part must first be approved by two-thirds of the elected membership of the parish council of the Terrebonne Parish Consolidated Government by the adoption of an ordinance declaring that the taking is necessary or useful for the purposes of this Part.
B. At least fifteen days prior to filing a petition for expropriation, the parish administration must notify the owner or owners by certified mail, return receipt requested, of its intention to expropriate the property pursuant to this Part. The letter of notification must also inform the owner that if, within fifteen days after being served with the notice of suit, he does not object to the taking on the ground that it is not for a public purpose, he will waive all defenses to the taking except claims for compensation or damages. A copy of this Part must be enclosed with the letter of notification.
C. Except as otherwise provided in this Part, such expropriation by the parish government shall be conducted in the manner that the Department of Transportation and Development may expropriate property for highway purposes, as set forth in R.S. 48:441 through 460.
D. 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, but shall not include any property, utility plant, or facilities owned by any private waterworks or sewerage system.
Acts 2001, No. 470, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:272. Contents of petition; place of filing

RS 19:272 - Contents of petition; 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 situated.
(2) The petition shall contain a statement of the purpose for which the property is to be expropriated, describing the property necessary therefor with a plan of the same, a description of the improvements thereon, if any, and the name of the owner if known.
(3) The petition shall have annexed to it the following:
(a) A certified copy of the ordinance adopted by the parish council authorizing the taking and declaring that it is necessary or useful for the purposes of this Part.
(b) A certificate signed by the parish or consulting engineer declaring that (i) he has fixed the right-of-way in a manner sufficient in his judgment to provide for the public interest, safety, and convenience and (ii) that the location and design of the proposed improvements are in accordance with the best modern practices adopted in the interest of the safety and convenience of the public.
(c) An itemized statement of the amount of money estimated to be the full extent of the owner's loss for the taking or the damage, or both, as the case may be. It shall be signed by those who made the estimate, showing the capacity in which they acted, and the date on which it was made.
(d) A copy of the return receipt from the letter of notification of intention to expropriate the property, as required by R.S. 19:271.
Acts 2001, No. 470, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:273. Prayer of the petition; ex parte order of taking

RS 19:273 - Prayer of the petition; ex parte order of taking
The petition shall conclude with a prayer that the property be declared taken for public purposes and, upon presentation of the petition, the court shall issue an order directing that the amount of the estimate be deposited in the registry of the court and declaring that the property described in the petition has been taken for public purposes at the time of the deposit.
Acts 2001, No. 470, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:274. Vesting of title

RS 19:274 - 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 compensation therefor shall vest in the persons entitled thereto. Upon vesting of title, the governing authority may enter upon and take possession of the property.
Acts 2001, No. 470, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:275. Notice to defendant

RS 19:275 - 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 the property described in the petition has been expropriated for public purposes.
B. This notice, together with a certified copy of the order, the petition and the clerk's receipt for the deposit, shall be delivered by the clerk to the proper sheriff for service on each defendant in the manner provided for the service of citations.
Acts 2001, No. 470, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:276. Contesting validity of taking; waiver of defenses

RS 19:276 - Contesting validity of taking; waiver of defenses
A. Any defendant desiring to contest the validity of the taking on the ground that the property was not expropriated for a public use may file a motion to dismiss the suit within ten days from the date 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 his 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 or to serve a copy thereof on the plaintiff constitutes a waiver of all defenses to the suit except claims for compensation or damages.
Acts 2001, No. 470, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:277. Defendant's answer; requirements; delay for filing

RS 19:277 - 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 notified in writing by the governing authority that it has finally accepted the construction project for which the property was expropriated. However, he may file his answer prior to the date he is notified by the governing authority.
(2) His answer sets forth the amount he claims, including the value of each parcel expropriated and the amount he claims as damages to the remainder of his property.
(3) His damage claim is reasonably itemized.
(4) His answer has a certificate thereon showing that a copy thereof has been served personally or by mail on all parties to the suit who have not joined in the answer.
Acts 2001, No. 470, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:278. Grant as additional authority

RS 19:278 - Grant as additional authority
The right to take possession and title as provided in this Part is in addition to any right or authority conferred by the laws of this state under which expropriation proceedings may be conducted and shall not be construed as abrogating, eliminating, or modifying any such right or authority.
Acts 2001, No. 470, §1.