reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:133.2. Contents of petition for expropriation; place of filing

RS 19:133.2 - 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. However, if 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; if the owner does not reside in one of those parishes, the petition may be filed in any one of them. The court in which 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 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) A certificate signed by the project director 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 project director 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 1991, No. 583, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:133.3. Prayer of petition; ex parte order for deposit

RS 19:133.3 - Prayer of petition; ex parte order for deposit
The petition shall conclude with a prayer that the property be declared taken for the Aloha-Rigolette Area Louisiana 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. 583, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:133.4. Vesting of title

RS 19:133.4 - 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. 583, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:133.5. Notice to defendant

RS 19:133.5 - 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. 583, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:133.6. Contesting validity of proposed taking; waiver of defenses

RS 19:133.6 - 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. 583, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:133.7. Defendant's answer; requirements; delay for filing

RS 19:133.7 - 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. 583, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:134. Property and governing authority defined

RS 19:134 - Property and 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 parish of Calcasieu or the cities of Lake Charles or Sulphur.
Acts 1992, No. 702, §1; Acts 2010, No. 181, §1, eff. June 9, 2010; Acts 2023, No. 76, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:134.1. Authority to expropriate; acquisition of property for street, drainage, water, utility, or sewerage projects prior to judgment

RS 19:134.1 - Authority to expropriate; acquisition of property for street, drainage, water, utility, or sewerage projects prior to judgment
A. When the governing authority cannot amicably acquire property needed by the parish of Calcasieu or the cities of Lake Charles or Sulphur for a street, drainage, water, 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.
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. This notice provision 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 1992, No. 702, §1; Acts 2010, No. 181, §1, eff. June 9, 2010; Acts 2023, No. 76, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:134.2. Contents of petition for expropriation; place of filing

RS 19:134.2 - 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) A certificate signed by the parish or 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 parish or 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. 19:134.1(B).
Acts 1992, No. 702, §1; Acts 2010, No. 181, §1, eff. June 9, 2010.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:134.3. Prayer of petition; ex parte order for deposit

RS 19:134.3 - 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, or sewerage 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 1992, No. 702, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:134.4. Vesting of title

RS 19:134.4 - 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 1992, No. 702, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:134.5. Notice to defendant

RS 19:134.5 - 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 1992, No. 702, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:134.6. Contesting validity of proposed taking; waiver of defenses

RS 19:134.6 - 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 or to raise other defenses to the taking must file a motion to dismiss 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 1992, No. 702, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:134.7. Defendant's answer; requirements; delay for filing

RS 19:134.7 - 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 1992, No. 702, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:135. Property, governing authority defined

RS 19:135 - Property, governing authority defined
As used in this Part, the term:
(1) "Property" means any portion of immovable property, including servitudes, rights-of-way, and other rights in or to immovable property.
(2) "Governing authority" means the governing authority of the city of Ruston.
Acts 2003, No. 1212, §1; Acts 2008, No. 809, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:135.1. Authority to expropriate; acquisition of property for certain purposes

RS 19:135.1 - Authority to expropriate; acquisition of property for certain purposes
A. When the city of Ruston cannot amicably acquire property needed by the city for a street, road, drainage, water, utility, sewerage, electric, 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. 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 2003, No. 1212, §1; Acts 2008, No. 809, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:135.2. Contents of petition for expropriation; place of filing

RS 19:135.2 - 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 of the city of Ruston 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 or consulting 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 or consulting 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 2003, No. 1212, §1; Acts 2008, No. 809, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:135.3. Prayer of petition; ex parte order for deposit

RS 19:135.3 - Prayer of petition; ex parte order for deposit
The petition shall conclude with a prayer that the property be declared taken for the street, road, drainage, water, utility, sewerage, electric, 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 2003, No. 1212, §1; Acts 2008, No. 809, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:135.4. Vesting of title

RS 19:135.4 - Vesting of title
Title to the property and the property rights specified in the petition shall vest in the city of Ruston 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 city of Ruston may enter upon and take possession of the property.
Acts 2003, No. 1212, §1; Acts 2008, No. 809, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:135.5. Notice to defendant

RS 19:135.5 - 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 2003, No. 1212, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:135.6. Contesting validity of proposed taking; waiver of defenses

RS 19:135.6 - 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 2003, No. 1212, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:135.7. Defendant's answer; requirements; delay for filing

RS 19:135.7 - 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 city of Ruston 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 2003, No. 1212, §1; Acts 2008, No. 809, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:136. Purpose

RS 19:136 - Purpose
In an effort to control the rising number of abandoned or blighted properties throughout the state and to slow urban blight, the legislature finds it necessary to implement a mechanism by which the city of New Orleans and the city of Grambling are empowered to more readily obtain abandoned or blighted properties. The provisions of this Part are intended to provide a means by which governing authorities may revitalize economically depressed areas by placing abandoned or blighted properties back into the economic stream of commerce through the rehabilitation of the abandoned or blighted property. The procedure created by this Part shall be in addition to any other procedure authorized by law.
Acts 2003, No. 984, §1; Acts 2004, No. 755, §1, eff. July 6, 2004; Acts 2006, No. 196, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:136.1. Definitions

RS 19:136.1 - Definitions
For the purposes of this Part, unless the context clearly otherwise requires or unless otherwise defined in specific portions of this Part, the following words or phrases shall have the respective meanings:
(1) "Abandoned property" means property that is vacant or not lawfully occupied. The term "vacant or not lawfully occupied" shall include but shall not be limited to any premises which are not actually occupied by its owner, lessee, or other invitee or if occupied, without utilities, and has been left unsecured or inadequately secured from unauthorized entry to the extent that the premises could be entered and utilized by vagrants or other uninvited persons as a place of harborage or any premises which by reason of dilapidation, deterioration, state of disrepair, or other such status is otherwise detrimental to or endangers the public safety, health, or welfare.
(2) "Blighted property" means any commercial or residential premises, including a vacant lot, which has been declared vacant, uninhabitable, or hazardous by an administrative hearing officer acting pursuant to R.S. 13:2575 and 2576, or any other applicable law.
(3) "Governing authority" means the city of New Orleans or any assignee thereof which is authorized by the municipality to carry out the purpose of this Part, or the city of Grambling.
(4) "Notice" means the sending of written communication to a person entitled to receive notice pursuant to this Part by any of the following methods:
(a) By means of registered or certified mail, return receipt requested, to an owner at the address of the owner listed in the assessor's office for the parish in which the abandoned or blighted property is located.
(b) In the same manner as service of citation or other process as provided for in the Louisiana Code of Civil Procedure and R.S. 13:3201 et seq., whether made by a sheriff, deputy sheriff, or constable or as otherwise provided by law in any civil matters.
(c) By a duly authorized building inspector or other representative of the political subdivision, as provided by ordinance.
(d) In the event that the owners are absent or unable to be notified in accordance with Subparagraphs (4)(a) through (c) of this Section, notice may be made by publication once a week for two consecutive weeks in an official journal of the political subdivision in which the property is located.
(e) Repealed by Acts 2004, No. 755, §2, eff. July 6, 2004.
(5) "Owner" means any person having an ownership interest in the property as shown in the conveyance records of the parish in which the property is located, including but not limited to ownership or leasehold interest.
(6) "Property" means any portion of immovable property, including servitudes, leases, rights-of-way, and other rights in or to immovable property.
Acts 2003, No. 984, §1; Acts 2004, No. 755, §§1, 2, eff. July 6, 2004; Acts 2006, No. 196, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:136.2. Authority to expropriate; acquisition of abandoned or blighted property prior to judgment

RS 19:136.2 - Authority to expropriate; acquisition of abandoned or blighted property prior to judgment
A. When the governing authority cannot amicably acquire property needed by the governing authority for the rehabilitation of abandoned or blighted property in order to return it to commerce, it may acquire the same by expropriation and may acquire the abandoned or blighted property prior to judgment in the trial court fixing the amount of compensation due to the owner of the abandoned or blighted property.
B. At least fifteen days prior to filing a petition for expropriation, the governing authority shall send notice to the owner 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 citation and pleading, (1) he does not object to the taking on the grounds that it is not for a public purpose or (2) he fails to show that the abandoned or blighted conditions of the property have been substantially rehabilitated and that all taxes and public liens have been paid, he shall waive all defenses to the taking except claims for compensation or damages.
C. Except for the provisions of R.S. 48:453(E), 456(A)(3) and (B), and 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 2003, No. 984, §1; Acts 2004, No. 755, §1, eff. July 6, 2004.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:136.3. Contents of petition for expropriation; place of filing

RS 19:136.3 - 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 governing authority in the district court of the parish in which the property to be expropriated is located.
(2) The petition shall contain a statement of the purpose for which the property is to be expropriated, a legal description of the property being expropriated, and the name of the record owner or owners.
(3) The petition shall have annexed to it the following:
(a) A certified copy of a resolution adopted by the governing authority generally authorizing the taking of abandoned or blighted property and declaring that it is necessary or useful for the purposes of this Part.
(b) An itemized statement of the amount of money estimated to be the full extent of the owner's loss for the actual taking, use, damage, or destruction, as the case may be. It shall be signed by a qualified and licensed real estate appraiser who made the estimate and shall include the date on which the appraisal was made.
(c) A copy of the letter of notification of intention to expropriate the property, as required by R.S. 19:136.2(B), and an affidavit setting forth the efforts to notify the owner.
Acts 2003, No. 984, §1; Acts 2004, No. 755, §1, eff. July 6, 2004.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:136.4. Prayer of petition; ex parte order for deposit; value determination

RS 19:136.4 - Prayer of petition; ex parte order for deposit; value determination
The petition shall conclude with a prayer that the abandoned or blighted property be declared taken for the purpose of rehabilitating economically depressed property by placing it back into the economic stream of commerce. Upon presentation of the petition, the court shall issue an order directing that the amount of the appraisal be deposited in the registry of the court. Upon the deposit of the amount of the appraisal 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 as contained in the petition.
Acts 2003, No. 984, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:136.5. Vesting of title

RS 19:136.5 - Vesting of title
Upon presentation of the receipt issued by the clerk of court, the court shall render an immediate ex parte order transferring and vesting full and complete right, title, and ownership in and to the property unto the governing authority, free and clear of all rights of all interested owners, and all such rights and interests shall be transferred to and attach to the funds on deposit. The rights and interests of all creditors shall be transferred and attach to the funds on deposit. Upon vesting of title, the governing authority may enter upon and take possession of the property.
Acts 2003, No. 984, §1.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:136.6. Notice to defendant

RS 19:136.6 - Notice to defendant
Upon receipt of the deposit and the ex parte order, the clerk of court shall comply with all laws governing citation as to each named defendant.
Acts 2003, No. 984, §1; Acts 2004, No. 755, §1, eff. July 6, 2004.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:136.7. Contesting validity of proposed taking; waiver of defenses

RS 19:136.7 - Contesting validity of proposed taking; waiver of defenses
A. Any defendant desiring to contest and oppose the validity of the taking on the grounds that (1) the property taken was not expropriated for a public purpose or (2) the abandoned or blighted conditions of the property have been substantially rehabilitated, and all taxes and governmental liens have been paid, shall file a motion to dismiss the taking within fifteen days after the date on which the citation was served on him or a court-appointed curator on his behalf. The motion to dismiss the taking shall be served pursuant to Code of Civil Procedure Article 1314. This motion shall be tried contradictorily as a summary proceeding with preference over all other matters 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. The ex parte order vesting title in the governing authority shall become final upon the failure of the defendant to timely file the opposition provided in Subsection A of this Section. If the defendant files an opposition, the ex parte order becomes final upon the rendering of a judgment in favor of the governing authority on the trial of the opposition or as otherwise provided in the Code of Civil Procedure.
Acts 2003, No. 984, §1; Acts 2004, No. 755, §1, eff. July 6, 2004.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:136.8. Defendant's answer; requirements; delay for filing

RS 19:136.8 - Defendant's answer; requirements; delay for filing
When property is expropriated pursuant to this Part, any defendant may apply for a trial to the district court for the parish in which the property is located to determine the measure of compensation to which he is entitled, if:
(1) The defendant or owner applies for a trial within fifteen days from the date of service upon him, or a curator ad hoc appointed for him, or within an extended period of time granted by the court for good cause not to exceed sixty days, otherwise it shall be conclusively presumed that the amount deposited by the governing authority is correct and the defendant or owner shall thereafter be barred from disputing the deposited amount.
(2) His answer sets forth the amount he claims, including the value of each parcel expropriated.
(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.
Acts 2003, No. 984, §1; Acts 2004, No. 755, §1, eff. July 6, 2004.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:136.9. Encumbrances and taxes

RS 19:136.9 - Encumbrances and taxes
A. Subsequent to the rendition of the ex parte order of expropriation, the governing authority shall notify all parties having any mortgage, lien, or encumbrance on the property of the pendency of the proceedings. Such notices shall be sent to all such parties as may be reasonably ascertained. Notices may be sent as provided for herein. The rights and interest of all creditors shall be transferred and attached to the funds on deposit. The court shall have summary jurisdiction to rank the creditors according to law and their respective priority and order distribution of the funds.
B. The expropriated property shall be vested in the governing authority free and clear of all mortgages, liens, privileges, and encumbrances. All inscriptions for taxes, tax liens, and governmental charges shall be canceled according to law upon payment of same to the extent that the funds are available from the amount deposited into the registry of the court. When the ex parte order vesting title in the governmental authority becomes final, as provided in R.S. 19:136.7(B), the court shall order, upon ex parte motion, the Recorder of Mortgages to cancel and erase all liens, mortgages, and encumbrances affecting the expropriated property and shall also order the taxing authority to cancel and erase all taxes, tax liens, and governmental charges against the property.
Acts 2003, No. 984, §1; Acts 2004, No. 755, §1, eff. July 6, 2004.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:136.11. Acquisition by third persons

RS 19:136.11 - Acquisition by third persons
The governing authority shall provide an equal opportunity for all natural or juridical persons, including but not limited to sole proprietorships, partnerships, corporations, or limited liability companies, whether for profit or nonprofit, to acquire property expropriated pursuant to the provisions of this Part when the governing authority decides to sell, convey, or otherwise dispose of any property expropriated pursuant to the provisions of this Part. Notwithstanding the foregoing provisions, the governing authority may establish a preference for the allocation of these properties to low-income families, directly or through for-profit or nonprofit organizations which will have rehabilitated or constructed housing on the property.
Acts 2003, No. 984, §1; Acts 2004, No. 755, §1, eff. July 6, 2004.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:136.12. Sale of expropriated property

RS 19:136.12 - Sale of expropriated property
Notwithstanding any other provision of law to the contrary, the municipality may sell property acquired pursuant to this Part at public or private sale. Before any such sale may be made, the governing authority shall enact an ordinance generally approving said sales. Said ordinance shall state whether such sales shall be by public or private sale. If the ordinance states that such sale shall or may be by private sale, the ordinance shall establish a fair and equitable policy which shall have uniform application for determining the sale price. For purposes of this Section, the sale of property acquired pursuant to this Part shall not be considered the sale of surplus property or of property owned by the municipality.
Acts 2003, No. 984, §1; Acts 2004, No. 755, §1, eff. July 6, 2004.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:136.13. Notice of sale; private and public

RS 19:136.13 - Notice of sale; private and public
A. If property is sold at private sale, the municipality shall on a quarterly basis publish a short description of how the municipality is making properties, acquired pursuant to this Part, available for purchase by the public. The municipality shall also publish on a quarterly basis a list of properties acquired pursuant to this Part that have been sold by the municipality in the preceding quarter, which list shall include the name of the purchaser, the municipal address of the property sold or, if no municipal address is available, the district, lot, and square number, and the price at which the property was sold.
B. If property is sold at public sale, notice of the sale shall be published at least twice in the manner provided by law for sales under judicial process. The advertisement of the notice of the public sale shall contain the date of the sale, the place and time of the sale, the municipal address of the property subject to such sale or, if no municipal address is available, the district, lot, and square number, and the terms of the sale.
Acts 2003, No. 984, §1; Acts 2004, No. 755, §1, eff. July 6, 2004.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:138. City of Pineville; Susek Drive Project; acquisition of property prior to judgment; definitions

RS 19:138 - City of Pineville; Susek Drive Project; acquisition of property prior to judgment; definitions
A. When the governing authority of the city of Pineville cannot amicably acquire property needed for its Susek Drive 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.
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 governing authority of the city of Pineville; and the term "project" means the Susek Drive Project.
Acts 2004, No. 59, §1, eff. May 28, 2004.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:138.1. Contents of petition; place of filing

RS 19:138.1 - 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 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. 19:138.
Acts 2004, No. 59, §1, eff. May 28, 2004.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:138.2. Prayer of the petition; ex parte order of taking

RS 19:138.2 - 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 2004, No. 59, §1, eff. May 28, 2004.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:138.3. Vesting of title

RS 19:138.3 - 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 2004, No. 59, §1, eff. May 28, 2004.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:138.4. Notice to defendant

RS 19:138.4 - 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 2004, No. 59, §1, eff. May 28, 2004.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:138.5. Contesting validity of taking; waiver of defenses

§138.5 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 2004, No. 59, §1, eff. May 28, 2004.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:138.6. Defendant's answer; requirements; delay for filing

RS 19:138.6 - 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 2004, No. 59, §1, eff. May 28, 2004.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:138.7. Grant as additional authority

RS 19:138.7 - 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 2004, No. 59, §1, eff. May 28, 2004.
2023 Louisiana Laws › Revised Statutes › Title 19 - Expropriation › §19:139. City of Lafayette and parish of Lafayette; Kaliste Saloom Road Widening Project or drainage, road, or bridge projects; acquisition of property prior to judgment; definitions

RS 19:139 - City of Lafayette and parish of Lafayette; Kaliste Saloom Road Widening Project or drainage, road, or bridge projects; acquisition of property prior to judgment; definitions
A. When the governing authority cannot amicably acquire property needed by the city of Lafayette and the parish of Lafayette for the Kaliste Saloom Road Widening Project or for the construction, repair, or enhancement of drainage, roads, or bridges, 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 shall 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 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 Lafayette and parish of Lafayette; and the term "project" means the Kaliste Saloom Road Widening Project or the construction, repair, or enhancement of drainage, roads, or bridges.
Acts 2009, No. 19, §1, eff. June 12, 2009; Acts 2018, No. 419, §1.