Louisiana 2011 Regular Session

Louisiana Senate Bill SB208 Latest Draft

Bill / Chaptered Version

                            Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2011	ENROLLED
SENATE BILL NO. 208
BY SENATOR PERRY 
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To amend and reenact R.S. 19:201, relative to expropriation; to provide relative to2
expropriation suits; to provide relative to attorney fees and certain costs; to provide3
relative to attorney fees and certain costs for unsuccessful or abandoned suits; to4
provide certain terms and conditions; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1.  R.S. 19:201 is hereby amended and reeancted to read as follows: 7
ยง201.  Attorneys Attorney fees; unsuccessful or abandoned expropriation suits 8
A. A court of Louisiana having jurisdiction of a proceeding instituted by 	the9
State of Louisiana, a parish, a municipality or an agency of any of them a public or10
private entity vested with the power of expropriation, to acquire real immovable11
property by expropriation, shall award the owner of any right, or title to, or interest12
in such real immovable property such sum as will, in the opinion of the court,13
reimburse such owner for his reasonable attorney fees	, and court costs, actually14
incurred because of the expropriation proceeding, if the final judgment is that the15
plaintiff cannot acquire the real property by does not acquire at least fifty percent16
of the immovable property requested in the petition for expropriation or if the17
proceeding is abandoned by the plaintiff. Any such award shall be paid from the18
same funds from which the purchase price of the property would have been paid.19
B. The rights of the landowner herein fixed are in addition to any other rights20
he may have under the Constitution of Louisiana.21
ACT No. 316 SB NO. 208	ENROLLED
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Section 2. This Act shall become effective upon signature by the governor or, if not1
signed by the governor, upon expiration of the time for bills to become law without signature2
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If3
vetoed by the governor and subsequently approved by the legislature, this Act shall become4
effective on the day following such approval.5
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: