SLS 10RS-302 ORIGINAL
Page 1 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 154
BY SENATOR MORRELL
EXPROPRIATION. Constitutional amendment to remove limitations on what shall be a
"public purpose," relative to expropriation. (2/3-CA13s1(A))
A JOINT RESOLUTION1
Proposing to amend Article I, Section 4(B) of the Constitution of Louisiana, relative to2
expropriation of property; to remove certain prohibitions on the state or political3
subdivision; to remove limitations on what shall be a "public purpose" ; to remove4
elements required to be included in "full extent of loss"; and to specify an election5
for submission of the proposition to electors and provide a ballot proposition.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, for8
their approval or rejection in the manner provided by law, a proposal to amend Article I,9
Section 4 to read as follows:10
§4. Right to Property11
Section 4. * * *12
(B)(1) Property shall not be taken or damaged by the state or its political13
subdivisions except for public purposes and with just compensation paid to the14
owner or into court for his benefit. Except as specifically authorized by Article VI,15
Section 21 of this Constitution property shall not be taken or damaged by the state16
or its political subdivisions: (a) for predominant use by any private person or entity;17 SB NO. 154
SLS 10RS-302 ORIGINAL
Page 2 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
or (b) for transfer of ownership to any private person or entity.1
(2) As used in Subparagraph (1) of this Paragraph and in Article VI, Section2
23 of this Constitution, "public purpose" shall be limited to the following:3
(a) A general public right to a definite use of the property.4
(b) Continuous public ownership of property dedicated to one or more of the5
following objectives and uses:6
(i) Public buildings in which publicly funded services are administered,7
rendered, or provided.8
(ii) Roads, bridges, waterways, access to public waters and lands, and other9
public transportation, access, and navigational systems available to the general10
public.11
(iii) Drainage, flood control, levees, coastal and navigational protection and12
reclamation for the benefit of the public generally.13
(iv) Parks, convention centers, museums, historical buildings and recreational14
facilities generally open to the public.15
(v) Public utilities for the benefit of the public generally.16
(vi) Public ports and public airports to facilitate the transport of goods or17
persons in domestic or international commerce.18
(c) The removal of a threat to public health or safety caused by the existing19
use or disuse of the property.20
(3) Neither economic development, enhancement of tax revenue, or any21
incidental benefit to the public shall be considered in determining whether the taking22
or damaging of property is for a public purpose pursuant to Subparagraph (1) of this23
Paragraph or Article VI, Section 23 of this Constitution.24
(4) Property shall not be taken or damaged by any private entity authorized25
by law to expropriate, except for a public and necessary purpose and with just26
compensation paid to the owner; in such proceedings, whether the purpose is public27
and necessary shall be a judicial question.28
(5) In every expropriation or action to take property pursuant to the29 SB NO. 154
SLS 10RS-302 ORIGINAL
Page 3 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
provisions of this Section, a party has the right to trial by jury to determine whether1
the compensation is just, and the owner shall be compensated to the full extent of his2
loss. Except as otherwise provided in this Constitution, the full extent of loss shall3
include, but not be limited to, the appraised value of the property and all costs of4
relocation, inconvenience, and any other damages actually incurred by the owner5
because of the expropriation.6
(6) No business enterprise or any of its assets shall be taken for the purpose7
of operating that enterprise or halting competition with a government enterprise.8
However, a municipality may expropriate a utility within its jurisdiction.9
* * *10
Section 2. Be it further resolved that this proposed amendment shall be submitted11
to the electors of the state of Louisiana at the statewide election to be held on November 2,12
2010.13
Section 3. Be it further resolved that on the official ballot to be used at said election14
there shall be printed a proposition, upon which the electors of the state shall be permitted15
to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall16
read as follows:17
To remove provisions that limit the definition of "public purpose" in an18
expropriation by the state or a political subdivision to a certain listing and to19
remove provisions that prohibit expropriation by the state or a political20
subdivision when it is for the predominant use by, or the transfer of21
ownership to , any private person or entity. (Amends Article 1, Section 4 (B))22
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by James Benton.
DIGEST
Existing constitution (Art. I, §4(B)) prohibits the taking or damaging of property by the state
or its political subdivisions for use by or transfer to any private person or entity, except as
specifically authorized by the constitution.
Existing constitution defines "public purposes" as being limited to a general public right to
a definite use of the property, the use of the property for utility or other common carrier, or
the removal of a threat to public health or safety caused by the existing use or disuse of the
property. SB NO. 154
SLS 10RS-302 ORIGINAL
Page 4 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Existing constitution provides that economic development or any other use of the property
by a private person or entity, which may result in an increase in tax revenue or any other
incidental benefit to the public shall not be considered in determining whether the taking or
damaging of property is a public purpose.
Existing constitution provides that except as otherwise provided in the Constitution, the full
extent of loss shall include, but not be limited to, the appraised value of the property and all
costs of relocation, inconvenience, and any other damages actually incurred by the owner
because of the expropriation.
Proposed constitutional amendment removes the definition of "public purpose" and leaves
the determination of whether the purpose is public and necessary to the judiciary.
Proposed constitutional amendment removes constitutional provision which provides that
economic development or any other use of the property by a private person or entity, which
may result in an increase in tax revenue or any other incidental benefit to the public shall not
be considered in determining whether the taking or damaging of property is a public
purpose.
Proposed constitutional amendment removes provision that provides that except as provided
in the Constitution, the full extent of loss shall include, but not be limited to, the appraised
value of the property and all costs of relocation, inconvenience, and any other damages
actually incurred by the owner because of the expropriation.
Specifies submission of the amendment to the voters at the statewide election to be held on
November 2, 2010.
(Amends Const. Art. I, Sec. 4 (B))