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Regular Session, 2010
HOUSE BILL NO. 1446
BY REPRESENTATIVE STIAES
TAX/AD VALOREM-EXEMPTION: Provides relative to the payment of ad valorem taxes
and the cancellation of tax liens on blighted property under certain circumstances
AN ACT1
To amend and reenact R.S. 9:5633(A)(2)(c) and (11), (G)(2) and (3), and (J), relative to the2
acquisition of blighted property by acquisitive prescription of three years; to provide3
exceptions to the payment of certain taxes, interest, and penalties; to provide for the4
satisfaction of certain liens; to provide for the filing of certain actions; and to provide5
for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 9:5633(A)(2)(c) and (11), (G)(2) and (3), and (J) are hereby amended8
and reenacted to read as follows: 9
ยง5633. Blighted property; acquisitive prescription10
A. Ownership of an immovable may be acquired by the prescription of three11
years without the need of just title or possession in good faith. The requirements for12
the acquisitive prescription of three years are as follows:13
* * *14
(2) The following shall be filed in the conveyance records for the parish15
where the immovable property is situated:16
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(c) An affidavit by the New Orleans Redevelopment Authority stating that18
all appeals and appeal delays have run, and that the judgment declaring or certifying19
the property as blighted is final, filed together with a copy of the judgment declaring20 HLS 10RS-2871 ORIGINAL
HB NO. 1446
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or certifying the property as blighted prior to August 29, 2005, shall satisfy the1
requirements of Subparagraph (A)(2)(b) and Paragraph (A)(11) of this Section.2
However; however, any property acquired pursuant to this Subparagraph by the New3
Orleans Redevelopment Authority and which is still in its possession on or after4
January 1, 2010 2012, shall again become subject to the provisions of Paragraph5
(A)(11) of this Section.6
* * *7
(11) All ad valorem taxes, interest, and penalties due and payable shall be8
paid in full; however, the ad valorem taxes, interest, and penalties shall be deemed9
paid in full if the possessor obtains a certificate of occupancy as required by10
Subparagraphs (A)(2)(a) and (b) of this Section.11
* * *12
G.13
* * *14
(2) Paragraph (G)(1) of this Section shall not apply to liens imposed by or15
in favor of the municipality or parish in which the immovable property is located.16
(3) Upon presentation of evidence to the clerk of court or the recorder of17
mortgages attached to or made part of an affidavit of any interested party that a18
possessor under this Section has met all the requirements of this Section and has19
acquired immovable property pursuant to this Section, the clerk of court or the20
recorder of mortgages shall cancel and erase all mortgages, judgments, liens,21
privileges, and security interests, from the records of his office, except and shall22
include liens imposed by or in favor of the municipality or parish in which the23
immovable property is located.24
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J. In the event that the possessor does not comply with the provisions of26
Subsection A of this Section or if a judgment described in Subsection B of this27
Section is rendered, any interested party may execute and file in the conveyance28
records an affidavit describing the instance or instances of the possessor's failure to29 HLS 10RS-2871 ORIGINAL
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comply with the provisions of Subsection A of this Section or may file in the1
mortgage records a certified copy of the notice of the judgment described in2
Subsection B of this Section. Said filed affidavit or filed certified notice of judgment3
shall be conclusive evidence of the failure of the possessor to comply with the4
requirements necessary to acquire the immovable by the prescription provided for5
in this Section and shall act to nullify the filed affidavit of intent to possess described6
in Paragraph (A)(2) of this Section and the filed affidavit of possession described in7
Paragraph (A)(8) of this Section as if the said affidavits were never filed, without any8
need to have said affidavits canceled or released of record file a real action against9
the possessor pursuant to Code of Civil Procedure Article 3651 et seq. Judgment10
shall be conclusive evidence of the failure of the possessor to comply with the11
requirements necessary to acquire the immovable by prescription as provided by this12
Section. The filed affidavit of intent to possess provided by Paragraph (A)(2) of this13
Section and the filed affidavit of possession provided by Paragraph (A)(8) of this14
Section shall be cancelled and erased from the conveyance records.15
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Stiaes HB No. 1446
Abstract: Provides for the waiver of payment of certain taxes, interest, and penalties, and
provides for the satisfaction of certain liens upon compliance with the requirements
of the procedures for acquisition of blighted property by acquisitive prescription of
three years.
Present law provides the procedures for acquiring property by acquisitive prescription of
three years when the property has been declared or certified blighted after an administrative
hearing.
Present law requires the payment of all ad valorem taxes, interest, and penalties, and for the
cancellation and erasure of all mortgages, judgments, liens, privileges, and security interests,
except liens imposed in favor of the municipality or parish in which the property is located.
Proposed law provides for the waiver of payment of ad valorem taxes, interest, and penalties,
and provides for the cancellation and erasure of all mortgages, judgments, liens, privileges,
and security interests upon compliance with the requirements of present law. HLS 10RS-2871 ORIGINAL
HB NO. 1446
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Present law provides that if the possessor does not comply with the provisions of present
law, any interested party may execute and file in the conveyance records an affidavit
describing the failure to comply or may file in the mortgage records a certified copy of the
notice of the judgment. The filed affidavit or filed certified notice of judgment shall be
conclusive evidence of the failure of the possessor to comply with the requirements
necessary to acquire the immovable by the prescription of three years and shall act to nullify
the filed affidavit of intent to possess and the filed affidavit of possession.
Proposed law provides that any interested person may file a real action against the possessor
pursuant to C.C.P. Art. 3651 et seq.
Proposed law provides that the judgment on the real action shall be conclusive evidence of
the failure of the possessor to comply with the requirements necessary to acquire the
immovable by prescription as provided by present law, and provides that the filed affidavit
of intent to possess and the filed affidavit of possession shall be cancelled and erased from
the conveyance records.
(Amends R.S. 9:5633(A)(2)(c) and (11), (G)(2) and (3), and (J))