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First Extraordinary Session, 2011 ENROLLED
SENATE BILL NO. 9
BY SENATOR QUINN
AN ACT1
To amend and reenact R.S. 9:1149.4(C)(1), 2901, 2921, 5625(C), (D), and (F), and2
5633(A)(1), relative to provisions of Title 9 (Civil Code - Ancillaries) of the3
Louisiana Revised Statutes of 1950, which are limited in applicability to certain4
political subdivisions or local areas based upon population classifications; to specify5
applicability to one or more political subdivisions or local areas; to adjust population6
categories to retain applicability; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 9:1149.4(C)(1), 2901, 2921, 5625(C), (D), and (F), and 5633(A)(1)9
are hereby amended and reenacted to read as follows: 10
§1149.4. Immobilization11
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C.(1) Notwithstanding any other law to the contrary, no action to collect a13
tax applicable to movables which is purported to be due or became due on any14
purchase made on or after September 1, 2005, through December 31, 2006, of any15
manufactured home used solely as residential housing in the following parishes with16
the following populations according to the most recent federal decennial census17
which have been severely impacted by hurricanes Hurricanes Katrina and Rita shall18
be initiated or continued, if the basis of such action is the date upon which the19
declaration of immovability provided for in Subsection A of this Section is recorded20
in the conveyance or mortgage records:21
(a) Any parish with a population between nine thousand eight hundred and22
ten thousand five hundred forty The parishes of St. Helena and Cameron.23
(b) Any parish with a population between fifteen thousand and fifteen24
thousand two hundred The parish of West Feliciana.25
ACT No. 30 SB NO. 9 ENROLLED
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(c) Any parish with a population between twenty-one thousand and twenty-1
one thousand two hundred forty The parish of St. James.2
(d) Any parish with a population between twenty-one thousand three3
hundred and twenty-two thousand seven hundred eighty The parishes of East4
Feliciana, Point Coupee, and West Baton Rouge.5
(e) Any parish with a population between twenty-three thousand three6
hundred and twenty-five thousand four hundred seventy The parishes of Allen,7
Assumption, and Sabine.8
(f) Any parish with a population between twenty-six thousand and twenty-9
eight thousand The parish of Plaquemines.10
(g) Any parish with a population between thirty-one thousand two hundred11
and thirty-six thousand The parishes of Beauregard, Evangeline, Iberville, and12
Jefferson Davis.13
(h) Any parish with a population between forty-three thousand and ninety-14
two thousand The parishes of Acadia, Ascension, Iberia, Lafourche, Livingston,15
St. Bernard, St. Charles, St. John the Baptist, St. Landry, St. Martin, St. Mary,16
Vermilion, Vernon, and Washington.17
(i) Any parish with a population between ninety-nine thousand five hundred18
and one hundred ten thousand The parishes of Tangipahoa and Terrebonne.19
(j) Any parish with a population between one hundred sixty thousand and20
two hundred thousand The parishes of Calcasieu, Lafayette, and St. Tammany.21
(k) Any parish with a population over four hundred ten thousand The22
parishes of East Baton Rouge, Jefferson, and Orleans.23
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§2901. Payment of taxes prior to transfer of real property25
Any party to an act conveying real property located in this state outside the26
limits of any municipal corporation having a population of over three hundred27
thousand inhabitants the city of New Orleans may obtain a certificate showing28
whether the state, parish, municipal, and levee district taxes due thereon, except29
those for the year in which the conveyance takes place, have been paid.30 SB NO. 9 ENROLLED
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§2921. Payment of taxes and past due charges for local improvement assessments2
prior to transfer of real property3
No public officer shall execute, pass, or acknowledge any act conveying real4
property located within the limits of any municipal corporation in this state having5
a population of over three hundred thousand inhabitants the city of New Orleans6
unless the state, parish, municipal, and levee district taxes due thereon and the past7
due charges for local improvement assessments due thereon are paid.8
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§5625. Violation of zoning restriction, building restriction, or subdivision regulation10
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C. Notwithstanding the provisions of Subsection A of this Section, the12
following provisions shall be applicable only to any parish, municipality, or its13
instrumentality having a population over three hundred twenty-five thousand the14
parishes of East Baton Rouge and Jefferson or their instrumentalities. All15
actions, civil or criminal, created by statute, ordinance, or otherwise, except those16
actions created for the purpose of amortization of nonconforming signs and17
billboards enacted in conformity with the provisions of R.S. 33:4722, which may be18
brought by such parishes, municipalities, or their instrumentalities or by any person,19
firm, or corporation to require enforcement of and compliance with any zoning20
restriction, building restriction, or subdivision regulation, imposed by any such21
parish, municipality, or their instrumentalities, and based upon the violation by any22
person, firm, or corporation of such restriction or regulation, must be brought within23
three years from the date such parish, municipality, or its properly authorized24
instrumentality or agency, if such agency has been designated, received actual notice25
in writing of such violation, and except for violations of use regulations, all such26
actions, civil or criminal, must be brought within five years from the date of the first27
act constituting the commission of the violation. However, in a parish having a28
population of over three hundred twenty-five thousand but not more than four29
hundred thousand the parish of East Baton Rouge, and municipalities included30 SB NO. 9 ENROLLED
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within such parish, all actions, civil or criminal, for violations of use regulations1
must be brought within five years from the date of the first act constituting the2
commission of the violation.3
D. In a parish or municipality having a population of over three hundred4
twenty-five thousand the parishes of East Baton Rouge and Jefferson, in cases5
where the parish, municipality, or its instrumentality, after receiving notification of6
violation, institutes an investigation or other administrative or judicial proceeding in7
order to seek a cessation of the violation and during the course of such investigation8
or proceeding makes the determination that the violation has in fact ceased,9
prescription shall be interrupted and if any recurrence or new violation commences10
thereafter, prescription will begin to accrue anew upon the date the parish,11
municipality, or its properly authorized instrumentality or agency, if such agency has12
been designated, receives actual notice in writing of such recurrence or new13
violation. Except for violations of use regulations, all such actions, civil or criminal,14
must be brought within five years from the date of the recurrence or new act15
constituting the commission of the violation. However, in a parish having a16
population of over three hundred twenty-five thousand but not more than four17
hundred thousand the parish of East Baton Rouge, and municipalities included18
within such parish, all actions, civil or criminal, for violations of use regulations19
must be brought within five years from the date of the first act constituting the20
commission of the violation.21
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F. The provisions of Subsections C and D of this Section shall not apply in23
parishes or municipalities having a population exceeding four hundred seventy-five24
thousand the parish of Orleans or the city of New Orleans.25
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§5633. Blighted property; acquisitive prescription27
A. Ownership of an immovable may be acquired by the prescription of three28
years without the need of just title or possession in good faith. The requirements for29
the acquisitive prescription of three years are as follows:30 SB NO. 9 ENROLLED
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(1) The land and all improvements thereon shall be located in a municipality1
having a population of four hundred seventy three hundred thousand or more,2
according to the latest federal decennial census, and shall have been declared or3
certified blighted after an administrative hearing, pursuant to R.S. 13:2575 or 2576.4
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PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: