ENROLLED
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
ACT No. 181
Regular Session, 2010
HOUSE BILL NO. 31
BY REPRESENTATIVE KLECKLEY
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
the term "governing authority" means the governing authority of the parish of21
Calcasieu or the city of Lake Charles.22
§134.1. Authority to expropriate; acquisition of property for street, drainage, water,23
utility, or sewerage projects prior to judgment 24
A. When the governing authority cannot amicably acquire property needed25
by the parish of Calcasieu or the city of Lake Charles for a street, drainage, water,26
utility, or sewerage project, it may acquire the same by expropriation and may27 ENROLLEDHB NO. 31
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
acquire the property prior to judgment in the trial court fixing the amount of1
compensation due to the owner of the property.2
* * *3
§134.2. Contents of petition for expropriation; place of filing 4
The right of expropriation granted by this Part shall be exercised in the5
following manner: 6
* * *7
(3) The petition shall have annexed to it the following:8
* * * 9
(b) A certificate signed by the parish or city engineer declaring that he has10
fixed the right of way right-of-way in a manner sufficient in his judgment to provide11
for the public interest, safety, and convenience. 12
(c) A certificate signed by the director of public works and the parish or city13
engineer declaring that the location and design of the proposed improvements are in14
accordance with the best modern practices adopted in the interest of the safety and15
convenience of the public.16
* * *17
Section 2. This Act shall become effective upon signature by the governor or, if not18
signed by the governor, upon expiration of the time for bills to become law without signature19
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If20
vetoed by the governor and subsequently approved by the legislature, this Act shall become21
effective on the day following such approval.22
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: