reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:14. Possession of property; removal of facilities; objection; waiver

RS 19:14 - Possession of property; removal of facilities; objection; waiver
A. In any case where the state or its political corporation or subdivision has actually, in good faith believing it had authority to do so, taken possession of privately owned immovable property of another, and constructed facilities upon, under, or over such property with the consent or acquiescence of the owner of the property, such owner shall be deemed to have waived his right to contest the necessity for the taking and to receive just compensation prior to the taking, but he shall be entitled to bring an action for such compensation, to be determined in accordance with the provisions of R.S. 19:9, for the taking of his property or interest therein, the just compensation to be determined as of the time of the taking of the property, or right or interest therein, and such action shall proceed as if the state, its political corporation, or subdivision had filed a petition for expropriation as provided for in R.S. 19:2.1.
B. In the case where any expropriating authority referred to in R.S. 19:2, other than the state or its political corporations or subdivisions, has actually, in good faith believing it had the authority to do so, taken possession of privately owned immovable property of another and constructed facilities upon, under, or over such property with the consent or acquiescence of the owner of the property, it shall be presumed that the owner of the property has waived his right to receive just compensation prior to the taking, and he shall be entitled only to bring an action for judicial determination of whether the taking was for a public and necessary purpose and for just compensation to be determined in accordance with R.S. 19:9, as of the time of the taking of the property, or right or interest therein, and such action shall proceed as nearly as may be as if the expropriating authority had filed a petition for expropriation as provided for in R.S. 19:2.1.
C. The provisions of Subsection A of this Section shall apply only to privately owned immovable property over which the state or its political corporation or subdivision has exercised actual possession in good faith for ten years and has completed construction of facilities upon, under, or over such property. The provisions of this Section shall not be deemed to authorize the acquisition of any interest in privately owned immovable property adjoining such facilities, including but not limited to a servitude, right of use, or any right of passage across or access to the private immovable property adjoining such facilities.
Added by Acts 1976, No. 504, §1; Acts 2007, No. 362, §1; Acts 2012, No. 702, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:15. Jury costs; demand by expropriating authority

RS 19:15 - Jury costs; demand by expropriating authority
If the expropriating authority has demanded a jury trial to determine compensation, the costs of the jury trial shall be assessed against the expropriating authority.
Acts 1990, No. 133, §2.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:16. Expropriation by public entity; authority

RS 19:16 - Expropriation by public entity; authority
Nothing in this Part shall alter or amend the authority of or the procedure for the state or its political corporations or subdivisions to expropriate property as otherwise provided by law.
Acts 2012, No. 702, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:51. §§51 to 66 Repealed by Acts 1974, Ex.Sess., No. 11, §2, eff. Jan. 1, 1975.

RS 19:51 - §§51 to 66 Repealed by Acts 1974, Ex.Sess., No. 11, §2, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:102. Expropriation by municipal corporations

RS 19:102 - Expropriation by municipal corporations
Where a price cannot be agreed upon with the owner, any municipal corporation of Louisiana may expropriate property whenever such a course is determined to be necessary for the public interest by the governing authority of the municipality; provided, however, in case of the acquisition of any electric light, gas or waterworks property or plant, or of any railroad property, such determination shall not be conclusive as to whether the purpose of the taking is necessary, which, if contested, is a judicial question to be decided independently by the trial judge. Where the same person is the owner of gas, electric light, and waterworks plants, or of more than one of any one kind of plant, the municipal corporation may not expropriate any one of the plants without expropriating all of the plants within its jurisdiction owned by the same person.
Added by Acts 1977, No. 453, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:103. Petition for expropriation; place of filing; contents; claims for damages; prescription

RS 19:103 - Petition for expropriation; place of filing; contents; claims for damages; prescription
A. The rights of expropriation granted in R.S. 19:102 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. However, where the property to be expropriated extends into two or more parishes and the owner of the property resides in one of them, the petition shall be filed in the district court of the parish where the owner resides; but if the owner does not reside in any of the parishes into which the property extends, the petition may be filed in any of the parishes into which the property extends. In all such cases, the court wherein the petition is filed shall have jurisdiction to adjudicate as to all the property involved.
(2) The petition shall contain a statement of the purposes 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 and present in the state.
(3) The petition shall conclude with a prayer that the property be adjudicated to the plaintiff with just compensation paid to the owner, as provided in this part.
B. All claims for property by, or for damages to the owner caused by the expropriation of property pursuant to R.S. 19:102 shall be barred by the prescription of two years commencing on the date on which the property was actually occupied and used for the purposes of the expropriation.
Added by Acts 1977, No. 453, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:104. Property not subject to expropriation

RS 19:104 - Property not subject to expropriation
A. No graveyard or cemetery shall be expropriated unless the court finds that the route of the proposed improvement cannot be diverted from that proposed by the plaintiff without great public loss or inconvenience.
B. No mortgage shall be expropriated.
Added by Acts 1977, No. 453, §1; Acts 2014, No. 632, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:105. Trial without jury except to determine compensation

RS 19:105 - Trial without jury except to determine compensation
Expropriation cases shall be tried before the court without a jury, except that a party shall have the right to trial by jury to determine compensation. If the plaintiff desires a trial by jury the demand shall be made in the petition. If the defendant desires trial by jury he shall file his demand therefor within the time for filing his answer. Once any party has timely demanded a jury trial, that demand is effective against and binding upon all parties and cannot thereafter be waived without the consent of all parties.
Added by Acts 1977, No. 453, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:106. Time of trial; notice to defendant

RS 19:106 - Time of trial; notice to defendant
Upon the institution of a suit for expropriation, the trial court shall issue an order fixing the time of the trial of the suit. The clerk of court shall thereupon certify a copy of the plaintiff's petition and of the order and issue a notice to the defendant of the time fixed for the trial. The time fixed for trial shall in no event be more than sixty days after the petition is filed. In the event of a subsequent continuance for any cause, the court shall refix the trial date not more than thirty days after the granting of the continuance.
The notice issued by the clerk of court, together with a certified copy of the plaintiff's petition and of the order shall be served on the defendant at least thirty days before the time fixed for the trial of the suit.
Added by Acts 1977, No. 453, §1. Amended by Acts 1979, No. 405, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:107. Service of answer on plaintiff

RS 19:107 - Service of answer on plaintiff
The defendant shall file an answer within fifteen days after the service upon the defendant of the notice of the time fixed for the trial. The answer shall be served personally or by mail on either the plaintiff or his attorney of record in the suit.
Added by Acts 1977, No. 453, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:108. Failure to timely file an answer by defendant forfeits defenses

RS 19:108 - Failure to timely file an answer by defendant forfeits defenses
Failure of the defendant in any such suit to file his answer timely constitutes a waiver by the defendant of all defenses to the suit except claims for money as compensation for the property sought to be expropriated and claims for money as damages to other property.
Added by Acts 1977, No. 453, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:109. Trial in or out of term with dispatch; judgment; appraisals; payment in court registry

RS 19:109 - Trial in or out of term with dispatch; judgment; appraisals; payment in court registry
A. Expropriation suits shall be tried in term time or in vacation and shall be conducted with preference and with the greatest possible dispatch. Judgments may be signed in term time or in vacation. All issues shall be decided by the trial judge. However, when a jury trial has been demanded, the judge shall hear the evidence on all issues, other than the measure of compensation and shall render a decision within five days. If the trial judge decides in favor of the expropriating authority, then within thirty days after such decision, a jury shall be impaneled to determine the measure of compensation. Immediately after compensation has been determined, the plaintiff shall, upon motion of the defendant, present evidence as to the highest amount it offered the defendant for the property prior to trial on the merits. After hearing evidence on the issue, the court shall determine the highest amount offered. If the highest amount offered is less than the compensation awarded, the court may award reasonable attorney fees. The expropriating authority shall not be entitled to possession or ownership of the property until a final judgment has been rendered and payment has been made to the owner or paid into the registry of the court, except as may otherwise be stipulated by the parties.
B. If either party has demanded a trial by jury to determine compensation, the trial shall be in accordance with the general laws regulating trial by jury, except as provided in this Part and except that in order to render any verdict, five of the jurors must concur therein. The jury shall consist of six jurors. The judge may allow the jurors to take a concise summary into the jury room as provided in R.S. 48:451.18. The number of peremptory challenges allowed shall be as provided for in R.S. 48:451.9.
C. After the trial to determine compensation the court shall render judgment against the plaintiff in the amount of the compensation determined to be due the owner.
D. The expropriating authority shall present its evidence of value first.
Added by Acts 1977, No. 453, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:110. Measure of compensation; "extent of loss"

RS 19:110 - Measure of compensation; "extent of loss"
A. In estimating the value of the property to be expropriated, the basis of assessment shall be the value which the property possessed before the contemplated improvement was proposed, without deducting therefrom any amount for the benefit derived by the owner from the contemplated improvement or work.
B. The owner shall be compensated to the full extent of his loss. The court shall include in its consideration the difference between the rate of interest of any existing mortgage on an owner-occupied residence and the prevailing rate of interest required to secure a mortgage on another owner-occupied residence of equal value.
Added by Acts 1977, No. 453, §1. Acts 1983, No. 33, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:111. Transfer of ownership

RS 19:111 - Transfer of ownership
Payment by the plaintiff to the owner of the compensation fixed in the final judgment to be due or the deposit thereof in the registry of the court for the benefit of the persons entitled thereto entitles the plaintiff to the property rights described in the judgment of expropriation.
Added by Acts 1977, No. 453, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:111.1. Compensation for expropriation; funds abandoned in registry of court; town of Berwick

RS 19:111.1 - Compensation for expropriation; funds abandoned in registry of court; town of Berwick
A. If, prior to January 1, 1990, the town of Berwick, as the expropriating authority, paid into the registry of the court monetary funds for the expropriation of property pursuant to R.S. 19:111, the town of Berwick shall retain the right to make a claim of ownership to the funds deposited in the registry of the court.
B. If the funds remain unclaimed for a period of twelve years after the funds are deposited pursuant to Subsection A of this Section, the town of Berwick shall become the owner of the funds, and the funds shall be returned to the town of Berwick.
C. If, subsequent to the return of the funds to the town of Berwick, the property owner from whom the property was expropriated, or his heirs or assigns, establishes a legal right to and ownership of the funds, or any part thereof, in a court of competent jurisdiction, the town of Berwick shall reimburse the property owner from whom the property was expropriated, or his heirs or assigns, the amount of the funds which the court determines is due to the person, or his heirs or assigns.
Acts 2001, No. 836, §2.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:112. Encumbered property; distribution of price to creditors

RS 19:112 - Encumbered property; distribution of price to creditors
Whenever any property encumbered with mortgages or privileges of any kind is expropriated pursuant to this Part, the property passes to the person expropriating it free and clear of all encumbrances. Any amount awarded pursuant to the provisions of this Part shall be paid into the court by which the expropriation is made and distributed to the mortgage and privileged creditors according to their priority.
Added by Acts 1977, No. 453, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:113. Tender of true value refused; costs

RS 19:113 - Tender of true value refused; costs
If a tender is made of the true value of the property to the owner thereof, before proceeding to a forced expropriation, the costs of the expropriation proceedings shall be paid by the owner.
Added by Acts 1977, No. 453, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:114. Appeal; payment of award to owner or deposit in court as entitling plaintiff to property

RS 19:114 - Appeal; payment of award to owner or deposit in court as entitling plaintiff to property
No party to any expropriation proceeding 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. The whole of the judgment, however, shall be subject to the decision of the appellate court on review under a devolutive appeal, and the delays for taking such appeal shall commence upon the signing of the judgment determining compensation. If any change in the amount awarded is made on such appeal, the plaintiff shall pay the additional assessment or recover the surplus paid.
Added by Acts 1977, No. 453, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:115. Possession of property; construction of facilities; objection; waiver

RS 19:115 - Possession of property; construction of facilities; objection; waiver
In any case where a municipal corporation has actually, in good faith believing it had authority to do so, taken possession of privately owned, immovable property of another, and constructed facilities upon, under or over such property with the consent or acquiescence of the owner of the property, such owner shall be deemed to have waived his right to contest the necessity for the taking and to receive just compensation prior to the taking, but he shall be entitled to bring an action for such compensation, to be determined in accordance with the provisions of Section 110 of this Title, for the taking of his property or interest therein, the just compensation to be determined as of the time of the taking of the property, or right or interest therein, and such action shall proceed as if the municipal corporation had filed a petition for expropriation as provided for in Section 103 of this Title.
Added by Acts 1977, No. 453, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:121. Property defined

RS 19:121 - Property defined
As used in this Part, the term "property" means any portion of immovable property, including servitudes and other rights in or to immovable property, where there are no buildings or structures for support or shelter.
Acts 1985, No. 548, §1, eff. July 12, 1985; Acts 1986, No. 62, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:122. Authority to expropriate and acquisition of property for street or drainage projects prior to judgment

RS 19:122 - Authority to expropriate and acquisition of property for street or drainage projects prior to judgment
A. When the cities of Bossier City and Shreveport cannot amicably acquire property needed for street, drainage, water, or sewerage projects, they may acquire the same by expropriation and may acquire the property prior to judgment in the trial court on the amount of compensation due to the owner of the property.
B. Except as otherwise provided in this Part, such expropriation by the cities of Bossier City and Shreveport shall be conducted in the manner that the Department of Transportation and Development is permitted to expropriate property for highway purposes, as set forth in R.S. 48:449 through 459.
Acts 1985, No. 548, §1, eff. July 12, 1985; Acts 1987, No. 255, §1; Acts 1989, No. 481, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:123. Contents of petition for expropriation; place of filing

RS 19:123 - Contents of petition for expropriation; 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. However, where the property to be expropriated extends into two or more parishes and the owner of the property resides in one of them, the petition shall be filed in the district court of the parish where the owner resides, but if the owner does not reside in any one of the parishes into which the property extends, the petition may be filed in any one of the parishes. In all such cases, the court wherein the petition is filed shall have jurisdiction to adjudicate as to all the property involved.
(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 thereto the following:
(a) A certified copy of a resolution adopted by the city council authorizing and declaring that the taking is necessary or useful for the purposes of this Part.
(b) A certificate signed by the city engineer or, in his absence, his principal assistant, declaring that he has fixed the right of way in a manner sufficient in his judgment to provide for the public interest, safety, and convenience.
(c) A certificate signed by the director of public works and the city engineer declaring 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.
(d) 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.
Acts 1985, No. 548, §1, eff. July 12, 1985.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:124. Prayer of petition; ex parte order for deposit

RS 19:124 - Prayer of petition; ex parte order for deposit
The petition shall conclude with a prayer that the property be declared taken for street, drainage, water, or sewerage projects. 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. 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.
Acts 1985, No. 548, §1, eff. July 12, 1985; Acts 1987, No. 255, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:125. Vesting of title

RS 19:125 - Vesting of title
Title to the property and the property rights specified in the petition shall vest in the cities of Bossier City and Shreveport upon final court order declaring that the property described in the petition has been taken for street, drainage, water, or sewerage projects, and the right to just and adequate compensation therefor shall vest in the persons entitled thereto. Upon vesting of title, the city may enter upon and take possession of the property.
Acts 1985, No. 548, §1, eff. July 12, 1985; Acts 1987, No. 255, §1; Acts 1989, No. 481, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:126. Notice to defendant

RS 19:126 - 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 a petition has been filed to expropriate the property described in the petition.
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 1985, No. 548, §1, eff. July 12, 1985.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:127. Contesting validity of proposed taking; waiver of defenses

RS 19:127 - 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 street, drainage, water, or sewerage project was not expropriated for a public purpose may file a motion to dismiss the suit 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 suit except claims for compensation or damages.
Acts 1985, No. 548, §1, eff. July 12, 1985; Acts 1987, No. 255, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:128. Defendant's answer; requirements; delay for filing

RS 19:128 - Defendant's answer; requirements; delay for filing
Where 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, provided:
(1) He files an answer within one year from the date he is notified in writing by the city that it has finally accepted the construction of the street, drainage, water, or sewerage project for which the property was expropriated; provided, he may file his answer prior to the date he is notified by the city.
(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 1985, No. 548, §1, eff. July 12, 1985; Acts 1987, No. 255, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:129. Nonuse; penalties

RS 19:129 - Nonuse; penalties
If the actual construction has not commenced on the water or sewerage project for which property was taken pursuant to this Part within twenty-four months from the date of the expropriation of the property, the cities of Bossier City and Shreveport shall be liable to any person from whom such property was taken for an amount equal to the compensation paid or due to such person for the taking of his property.
Acts 1987, No. 255, §1; Acts 1989, No. 481, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:131. Property defined

RS 19:131 - Property defined
As used in this Part, the term "property" means any portion of immovable property, including servitudes and other rights in or to immovable property, and the term "governing authority" means the governing authority of the parish of East Baton Rouge and the city of Baton Rouge.
Acts 1989, No. 224, §1, eff. June 26, 1989; Acts 2001, No. 228, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:131.1. Authority to expropriate and acquisition of property for sewer, drainage, or road projects prior to judgment

RS 19:131.1 - Authority to expropriate and acquisition of property for sewer, drainage, or road projects prior to judgment
A. After August 15, 2001, and until December 31, 2005, when the governing authority cannot amicably acquire property needed for sewer, drainage, or road projects, the city of Baton Rouge and parish of East Baton Rouge 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. If the owners are known and can be located, the governing authority must engage in good faith negotiations with the owner or owners of the subject property to acquire the property by conventional agreement, and it must make at least one written offer to purchase the property for a specific price. Thereafter, if the governing authority concludes that it cannot amicably acquire the subject property, it must, at least thirty days prior to filing a petition, notify the owner or owners by certified mail, return receipt requested, of its intention to expropriate the property pursuant to this Part. If the notice is returned unclaimed, the governing authority shall mail the letter of notification by regular mail and wait thirty days from the date of mailing prior to filing suit. The letter of notification must also inform the owner that if, within thirty 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.
B. 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.
Acts 1989, No. 224, §1, eff. June 26, 1989; Acts 2001, No. 228, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:131.2. Contents of petition for expropriation; place of filing

RS 19:131.2 - Contents of petition for expropriation; 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. The court wherein the petition is filed shall have jurisdiction to adjudicate as to all the property involved.
(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 thereto 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 parish engineer or, in his absence, his principal assistant, declaring that he has fixed the right of way in a manner sufficient in his judgment to provide for the public interest, safety, and convenience.
(c) A certificate signed by the director of public works and the parish engineer declaring 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.
(d) 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.
(e) A copy of the written offer to purchase and the return receipt from the letter of notification of intention to expropriate the property, as required by R.S. 19:131.1(A).
Acts 1989, No. 224, §1, eff. June 26, 1989.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:131.3. Prayer of petition; ex parte order for deposit

RS 19:131.3 - Prayer of petition; ex parte order for deposit
The petition shall conclude with a prayer that the property be declared taken for sewer, drainage, or road projects by the city of Baton Rouge and parish of East Baton Rouge. 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. 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.
Acts 1989, No. 224, §1, eff. June 26, 1989; Acts 2001, No. 228, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:131.4. Vesting of title

RS 19:131.4 - 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 sewer, drainage, or road projects by the city of Baton Rouge and parish of East Baton Rouge, 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 1989, No. 224, §1, eff. June 26, 1989; Acts 2001, No. 228, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:131.5. Notice to defendant

RS 19:131.5 - 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 a petition has been filed to expropriate the property described in the petition.
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 1989, No. 224, §1, eff. June 26, 1989.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:131.6. Contesting validity of proposed taking; waiver of defenses

RS 19:131.6 - 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 by the city of Baton Rouge and parish of East Baton Rouge was not expropriated for a public purpose must file a motion to dismiss or other defenses to the taking within thirty 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 1989, No. 224, §1, eff. June 26, 1989; Acts 2001, No. 228, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:131.7. Defendant's answer; requirements; delay for filing

RS 19:131.7 - Defendant's answer; requirements; delay for filing
Where 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, provided:
(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 1989, No. 224, §1, eff. June 26, 1989.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:132. Property, governing authority defined

RS 19:132 - Property, governing authority defined
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, where there are no buildings or structures for support or shelter; the term "governing authority" means the governing authority of the city of Alexandria or the governing authority of the city of New Orleans.
Acts 1991, No. 101, §1; Acts 2004, No. 90, §1, eff. May 28, 2004.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:132.1. Authority to expropriate; acquisition of property for street, drainage, water, utility, sewerage, or other capital project prior to judgment

RS 19:132.1 - Authority to expropriate; acquisition of property for street, drainage, water, utility, sewerage, or other capital project prior to judgment
A. When the governing authority cannot amicably acquire property needed by the city of Alexandria or by the city of New Orleans for a street, drainage, water, utility, sewerage, or other capital 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.
B. At least fifteen days prior to filing a petition for expropriation, the governing authority 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 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.
Acts 1991, No. 101, §1; Acts 1992, No. 474, §1; Acts 2004, No. 90, §1, eff. May 28, 2004.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:132.2. Contents of petition for expropriation; place of filing

RS 19:132.2 - Contents of petition for expropriation; 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 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) If the taking includes a right of way, a certificate signed by the city engineer declaring that he has fixed the right of way in a manner sufficient in his judgment to provide for the public interest, safety, and convenience.
(c) A certificate signed by the director of public works and the city engineer declaring 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.
(d) 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.
(e) A copy of the return receipt from the letter of notification of intention to expropriate the property, as required by R.S. 19:132.1.
Acts 1991, No. 101, §1; Acts 1992, No. 474, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:132.3. Prayer of petition; ex parte order for deposit

RS 19:132.3 - Prayer of petition; ex parte order for deposit
The petition shall conclude with a prayer that the property be declared taken for the street, drainage, water, utility, sewerage, or other capital project. 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. 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.
Acts 1991, No. 101, §1; Acts 1992, No. 474, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:132.4. Vesting of title

RS 19:132.4 - 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 1991, No. 101, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:132.5. Notice to defendant

RS 19:132.5 - 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 a petition has been filed to expropriate the property described in the petition.
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 1991, No. 101, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:132.6. Contesting validity of proposed taking; waiver of defenses

RS 19:132.6 - 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 1991, No. 101, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:132.7. Defendant's answer; requirements; delay for filing

RS 19:132.7 - 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 1991, No. 101, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:132.8. Nonuse; penalties

RS 19:132.8 - Nonuse; penalties
If the actual construction has not commenced on the project for which the property was taken pursuant to this Part within twenty-four months from the date of the expropriation of the property, the city of Alexandria or the city of New Orleans, as the case may be, shall be liable to any person from whom the property was taken for an amount equal to the compensation paid or due to him for the taking.
Acts 1991, No. 101, §1; Acts 2004, No. 90, §1, eff. May 28, 2004.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:133. Property, governing authority, project, defined

RS 19:133 - Property, governing authority, project, defined
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 governing authority of the town of Colfax; and the term "project" means the Aloha-Rigolette Area Louisiana Project.
Acts 1991, No. 583, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:133.1. Authority to expropriate and acquisition of property for Aloha-Rigolette Area Louisiana Project prior to judgment

RS 19:133.1 - Authority to expropriate and acquisition of property for Aloha-Rigolette Area Louisiana Project prior to judgment
A. From September 6, 1991 until December 31, 2004, when the governing authority cannot amicably acquire property needed for the Aloha-Rigolette Area Louisiana Project, including property outside of the municipality and outside of the parish in which it is located, 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 governing authority must engage in good faith negotiations with the owner or owners of the subject property to acquire the property by conventional agreement, and it must make at least one written offer to purchase the property for a specific price.
B. Thereafter, if the governing authority concludes that it cannot amicably acquire the subject property, it must, at least fifteen days prior to filing a petition, 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 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.
Acts 1991, No. 583, §1; Acts 1999, No. 686, §1.