ENROLLED
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ACT No. 1052
Regular Session, 2010
HOUSE BILL NO. 276
BY REPRESENTATIVES LEGER, HINES, AND BROSSETT
A JOINT RESOLUTION1
Proposing to amend Article I, Section 4(H)(1) of the Constitution of Louisiana, to provide2
relative to the sale of certain expropriated property; to provide an exception for the3
sale of property expropriated for the removal of a threat to public health or safety;4
to provide for submission of the proposed amendment to the electors; and to provide5
for related matters.6
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members7
elected to each house concurring, that there shall be submitted to the electors of the state of8
Louisiana, for their approval or rejection in the manner provided by law, a proposal to9
amend Article I, Section 4(H)(1) of the Constitution of Louisiana, to read as follows:10
ยง4. Right to Property11
Section 4.12
* * *13
(H)(1) Except for the removal of a threat to public health or safety caused14
by the existing use or disuse of the property, and except for leases or operation15
agreements for port facilities, highways, qualified transportation facilities or airports,16
the state or its political subdivisions shall not sell or lease property which has been17
expropriated and held for not more than thirty years without first offering the18
property to the original owner or his heir, or, if there is no heir, to the successor in19
title to the owner at the time of expropriation at the current fair market value, after20
which the property can only be transferred be transferred only by competitive bid21
open to the general public. After thirty years have passed from the date the property22
was expropriated, the state or political subdivision may sell or otherwise transfer the23
property as provided by law.24
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Section 2. Be it further resolved that this proposed amendment shall be submitted1
to the electors of the state of Louisiana at the statewide election to be held on November 2,2
2010.3
Section 3. Be it further resolved that on the official ballot to be used at said election4
there shall be printed a proposition, upon which the electors of the state shall be permitted5
to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall6
read as follows:7
Provides that property expropriated for the public purpose of removing a8
threat to public health or safety caused by the existing use or disuse of the9
property shall not be subject to the requirement of offering the property back10
to the original owner who allowed the property to become a threat to public11
health or safety or to the requirement of public sale. (Amends Article I,12
Section 4(H)(1))13
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE