HLS 10RS-314 ORIGINAL
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are additions.
Regular Session, 2010
HOUSE BILL NO. 31
BY REPRESENTATIVE KLECKLEY
PROPERTY/EXPROPRIATION: Grants to the city of Lake Charles quick-take authority
for certain purposes
AN ACT1
To amend and reenact the heading of Part III-E of Title 19 of the Louisiana Revised Statutes2
of 1950, R.S. 19:134, 134.1(A), and 134.2(3)(b) and (c), relative to expropriation by3
a declaration of taking; to authorize the city of Lake Charles to expropriate property4
by a declaration of taking for certain purposes; to provide procedures for the5
expropriation by a declaration of taking; and to provide for related matters.6
Notice of intention to introduce this Act has been published7
as provided by Article III, Section 13 of the Constitution of8
Louisiana.9
Be it enacted by the Legislature of Louisiana:10
Section 1. The heading of Part III-E of Title 19 of the Louisiana Revised Statutes11
of 1950, R.S. 19:134, 134.1(A), and 134.2(3)(b) and (c) are hereby amended and reenacted12
to read as follows: 13
PART III-E. EXPROPRIATION OF PROPERTY BY14
A DECLARATION OF TAKING BY PARISH OF CALCASIEU15
AND THE CITY OF LAKE CHARLES16
§134. Property, governing authority defined 17
As used in this Part, the term "property" means any portion of immovable18
property, including servitudes, rights of way rights-of-way, and other rights in or to19
immovable property, where there are no buildings or structures for support or shelter;20 HLS 10RS-314 ORIGINAL
HB NO. 31
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the term "governing authority" means the governing authority of the parish of1
Calcasieu or the city of Lake Charles.2
§134.1. Authority to expropriate; acquisition of property for street, drainage, water,3
utility, or sewerage projects prior to judgment 4
A. When the governing authority cannot amicably acquire property needed5
by the parish of Calcasieu or the city of Lake Charles for a street, drainage, water,6
utility, or sewerage project, it may acquire the same by expropriation and may7
acquire the property prior to judgment in the trial court fixing the amount of8
compensation due to the owner of the property.9
* * *10
§134.2. Contents of petition for expropriation; place of filing 11
The right of expropriation granted by this Part shall be exercised in the12
following manner: 13
* * *14
(3) The petition shall have annexed to it the following:15
* * * 16
(b) A certificate signed by the parish or city engineer declaring that he has17
fixed the right of way right-of-way in a manner sufficient in his judgment to provide18
for the public interest, safety, and convenience. 19
(c) A certificate signed by the director of public works and the parish or city20
engineer declaring that the location and design of the proposed improvements are in21
accordance with the best modern practices adopted in the interest of the safety and22
convenience of the public.23
* * *24
Section 2. This Act shall become effective upon signature by the governor or, if not25
signed by the governor, upon expiration of the time for bills to become law without signature26
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If27
vetoed by the governor and subsequently approved by the legislature, this Act shall become28
effective on the day following such approval.29 HLS 10RS-314 ORIGINAL
HB NO. 31
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are additions.
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)]
Kleckley HB No. 31
Abstract: Authorizes the expropriation by a declaration of taking, "quick-take", by the city
of Lake Charles in order to acquire property for street, drainage, water, utility, or
sewerage projects.
Present law provides for general expropriation by the state and political subdivisions. Under
existing general expropriation authority, the property owner can demand a jury trial to
determine the value of the property expropriated. The governing authority is only entitled
to the property after the amount fixed by the final judgment is deposited in the registry of
the court.
Present law authorizes the expropriation by a declaration of taking, "quick-take", by the
parish of Calcasieu in order to acquire property for street, drainage, water, utility, or
sewerage projects.
Present law defines "property" and "governing authority".
Present law provides all of the following:
(1)The governing authority shall give, at least, a 15-day notice to the property owner
before filing a petition for expropriation.
(2)The governing authority shall file a petition, which includes an itemized statement
of the full extent of the owner's loss.
(3)The court shall issue an order directing that the amount of the estimate be deposited
in the registry of the court and declare that the property has been taken for the public
purpose.
(4)Title to the property shall vest in the governing authority upon final court order, and
the right to just and adequate compensation shall vest in the former property owner.
(5)Upon vesting of title, the governing authority may take possession of the property.
(6)The former property owner may apply for a trial to determine the measure of
compensation to which he is entitled by filing an answer within one year from the
date he is notified in writing by the governing authority of the expropriation.
Proposed law retains present law, but also authorizes the expropriation by a declaration of
taking, "quick-take", by the city of Lake Charles in order to acquire property for street,
drainage, water, utility, or sewerage projects.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends the heading of Part III-E of Title 19 of the L.R.S. of 1950, R.S. 19:134, 134.1(A),
and 134.2(3)(b) and (c))