HLS 10RS-991 ENGROSSED
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Regular Session, 2010
HOUSE BILL NO. 540
BY REPRESENTATIVE GISCLAIR
LEVEES: Provides relative to the appropriation procedures of the South Lafourche Levee
District
AN ACT1
To enact R.S. 38:301(C)(1)(b)(iii), (2)(h), and (4), relative to the South Lafourche Levee2
District; to provide relative to the appropriation of property by the district; to provide3
relative to notification of property owners; to provide relative to challenges to an4
appropriation or compensation paid for appropriated property; and to provide for5
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. R.S. 38:301(C)(1)(b)(iii), (2)(h), and (4) are hereby enacted to read as11
follows:12
ยง301. Construction and maintenance of levees and drainage; care and inspection of13
levees; measure of compensation; right of entry; bicycle paths and walkways14
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C.(1)16
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(b)18
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(iii) The South Lafourche Levee District shall provide the notice required by1
this Subparagraph by certified mail sent to the last record property owner as reflected2
in the parish assessment rolls at the address recorded in the assessment rolls. This3
notice shall be complete upon mailing. Notice of adoption of the appropriation4
resolution shall also be published in the official journal of the South Lafourche5
Levee District within ten days after its adoption.6
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(2)8
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(h)(i) Payment by the South Lafourche Levee District of its estimated10
compensation, if any, as required by this Section shall be made by certified mail to11
the last record property owner as reflected in the parish assessment rolls at the12
address recorded therein.13
(ii) All claims regarding compensation to be paid by the South Lafourche14
Levee District for property appropriated for levee or levee drainage purposes or15
matters incidental thereto, which shall be limited to the fair market value of the16
property, shall be filed in the Seventeenth Judicial District Court of Lafourche17
Parish within one hundred eighty days after the district mails payment of its18
estimated compensation to the property owner. Notwithstanding the provisions of19
Code of Civil Procedure Article 1201(C), service of the citation shall be requested20
to be made immediately upon the district.21
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(4)(a) Any owner or co-owner of property appropriated by the South23
Lafourche Levee District for levee or levee drainage purposes or for matters24
incidental thereto may, within sixty days after the adoption of the resolution25
appropriating the property, contest the validity of the appropriation as it pertains to26
the owner's or co-owner's respective ownership interests in the property by filing in27
the Seventeenth Judicial District Court of Lafourche Parish a verified petition28
contesting the appropriation. Notwithstanding the provisions of Code of Civil29 HLS 10RS-991 ENGROSSED
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Procedure Article 1201(C), service of the citation shall be requested to be made1
immediately upon the district. Failure of any owner or co-owner to contest the2
appropriation within sixty days after adoption of the appropriation resolution3
constitutes a loss of all rights or claims of that owner or co-owner of property4
appropriated for levee or levee drainage purposes or for matters incidental thereto5
to challenge or contest the appropriation, except for claims for compensation filed6
in accordance with Subparagraph (2)(h) of this Subsection. The filing of a petition7
pursuant to this Paragraph shall not interrupt or suspend the sixty-day time period8
within which any other owner or co-owner of property appropriated for levee or9
levee drainage purposes or matters incidental thereto must file a petition challenging10
or contesting the appropriation. Notwithstanding the provisions of Code of Civil11
Procedure Articles 591 through 597, no class action may be brought or maintained12
to contest the appropriation by the South Lafourche Levee District of property for13
levee or levee drainage purposes or matters incidental thereto.14
(b) In the event that a petition contesting the validity of the appropriation is15
filed within sixty days of adoption of the resolution, the South Lafourche Levee16
District may proceed to expropriate petitioner's ownership interest in said property17
pursuant to R.S. 38:351 et seq., without incurring any obligations, damages, or18
liability other than the obligation to pay fair market value of the taken property.19
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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)]
Gisclair HB No. 540
Abstract: Provides relative to the South Lafourche Levee District and the procedures it
uses for appropriating private property.
Present law authorizes levee districts and levee and drainage districts to appropriate such
property by adopting a resolution and that the property owner be given written notice of the
appropriation within 10 days after passage of the resolution.
Proposed law, applicable only to the South Lafourche Levee District, amends procedures to
be used by the district when appropriating property under present law by requiring that such HLS 10RS-991 ENGROSSED
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notice be given by certified mail sent to the last record property owner as reflected in the
parish assessment rolls, which notice is complete upon mailing. Further requires publication
of notice of the appropriation in the district's official journal within 10 days.
Present law requires that property owners be compensated at fair market value. Requires
that the owner be provided with an estimate of the amount of compensation and that
compensation be paid within one year.
Proposed law provides that claims regarding compensation are limited to the fair market
value and must be filed with the 17th JDC within 180 days after estimated compensation is
mailed. Requires that the payment be mailed to the last record property owner as reflected
in the parish assessment rolls.
Proposed law provides relative to contesting the validity of an appropriation of property by
the South Lafourche Levee District and requires that a property owner file a verified petition
with the 17th JDC within 60 days after the adoption of the appropriating resolution. The
owner waives his right to contest the appropriation if such a petition is not filed within 60
days. Provides that the filing of a petition does not interrupt or suspend the 60-day limit
applicable to other owners. Prohibits class actions to contest an appropriation.
Present law authorizes levee and levee and drainage districts to expropriate property by
declaration of taking (quick take authority).
Proposed law authorizes the South Lafourche Levee District to proceed under such authority
if any appropriation is contested without incurring any obligations, damages, or liability.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 38:301(C)(1)(b)(iii), (2)(h), and (4))