ENROLLED
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Regular Session, 2010
HOUSE BILL NO. 540
BY REPRESENTATIVE GISCLAIR
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 by20
this Subparagraph by certified mail sent to the last record property owner as reflected21
in the parish assessment rolls at the address recorded in the assessment rolls. This22
notice shall be complete upon mailing. Notice of adoption of the appropriation23 ENROLLEDHB NO. 540
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resolution shall also be published in the official journal of the South Lafourche1
Levee District within ten days after its adoption.2
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(2)4
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(h)(i) Payment by the South Lafourche Levee District of its estimated6
compensation, if any, as required by this Section shall be made by certified mail to7
the last record property owner as reflected in the parish assessment rolls at the8
address recorded therein.9
(ii) All claims regarding compensation to be paid by the South Lafourche10
Levee District for property appropriated for levee or levee drainage purposes or11
matters incidental thereto, which shall be limited to the fair market value of the12
property, shall be filed in the Seventeenth Judicial District Court of Lafourche13
Parish within one hundred eighty days after the district mails payment of its14
estimated compensation to the property owner. Notwithstanding the provisions of15
Code of Civil Procedure Article 1201(C), service of the citation shall be requested16
to be made immediately upon the district.17
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(4)(a) Any owner or co-owner of property appropriated by the South19
Lafourche Levee District for levee or levee drainage purposes or for matters20
incidental thereto may, within sixty days after the adoption of the resolution21
appropriating the property, contest the validity of the appropriation as it pertains to22
the owner's or co-owner's respective ownership interests in the property by filing in23
the Seventeenth Judicial District Court of Lafourche Parish a verified petition24
contesting the appropriation. Notwithstanding the provisions of Code of Civil25
Procedure Article 1201(C), service of the citation shall be requested to be made26
immediately upon the district. Failure of any owner or co-owner to contest the27
appropriation within sixty days after adoption of the appropriation resolution28
constitutes a loss of all rights or claims of that owner or co-owner of property29
appropriated for levee or levee drainage purposes or for matters incidental thereto30 ENROLLEDHB NO. 540
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to challenge or contest the appropriation, except for claims for compensation filed1
in accordance with Subparagraph (2)(h) of this Subsection. The filing of a petition2
pursuant to this Paragraph shall not interrupt or suspend the sixty-day time period3
within which any other owner or co-owner of property appropriated for levee or4
levee drainage purposes or matters incidental thereto must file a petition challenging5
or contesting the appropriation. Notwithstanding the provisions of Code of Civil6
Procedure Articles 591 through 597, no class action may be brought or maintained7
to contest the appropriation by the South Lafourche Levee District of property for8
levee or levee drainage purposes or matters incidental thereto.9
(b) In the event that a petition contesting the validity of the appropriation is10
filed within sixty days of adoption of the resolution, the South Lafourche Levee11
District may proceed to expropriate petitioner's ownership interest in said property12
pursuant to R.S. 38:351 et seq., without incurring any obligations, damages, or13
liability other than the obligation to pay fair market value of the taken property.14
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: