HLS 10RS-1711 ORIGINAL
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Regular Session, 2010
HOUSE BILL NO. 854
BY REPRESENTATIVE HINES
PROPERTY/EXPROPRIATION: (Constitutional Amendment) Provides with respect to
the expropriation of blighted property
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
§4. 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 HLS 10RS-1711 ORIGINAL
HB NO. 854
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which the property can only be transferred by competitive bid open to the general1
public. After thirty years have passed from the date the property was expropriated,2
the state or political subdivision may sell or otherwise transfer the property as3
provided by law.4
* * *5
Section 2. Be it further resolved that this proposed amendment shall be submitted6
to the electors of the state of Louisiana at the statewide election to be held on November 2,7
2010.8
Section 3. Be it further resolved that on the official ballot to be used at said election9
there shall be printed a proposition, upon which the electors of the state shall be permitted10
to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall11
read as follows:12
Provides that property expropriated for the public purpose of removing a13
threat to public health or safety caused by the existing use or disuse of the14
property shall not be subject to the requirement of offering the property back15
to the original owner who allowed the property to become a threat to public16
health or safety or to the requirement of public sale. (Amends Article I,17
Section 4(H)(1))18
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)]
Hines HB No. 854
Abstract: Provides that property expropriated for the public purpose of removing a threat
to public health or safety caused by the existing use or disuse of the property shall
not be subject to the requirement of offering the property back to the original owner
who allowed the property to become a threat to public health or safety or to the
requirement of public sale.
Present constitution authorizes the expropriation of property for public purposes, including
the expropriation of property for the public purpose of removing a threat to public health or
safety caused by the existing use or disuse of the property.
Present constitution requires that property expropriated for the removal of a threat to public
health or safety be offered back to the original owner who allowed the property to become HLS 10RS-1711 ORIGINAL
HB NO. 854
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a threat to public health or safety, and if he does not repurchase the property, the property
is then required to be offered at public sale.
Proposed constitutional amendment removes the requirement that the property be offered
back to the original owner who allowed the property to become a threat to public health or
safety and the requirement of public sale.
Provides for submission of the proposed amendment to the voters at the statewide election
to be held Nov. 2, 2010.
(Amends Const. Art. I, §4(H)(1))