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Regular Session, 2011
SENATE BILL NO. 85
BY SENATOR GAUTREAUX
LOCAL AGENCIES. Authorizes the St. Mary Parish Council to expropriate by a
declaration of taking. (8/15/11) (gov sig)
AN ACT1
To enact Part XI of Title 19 of the Louisiana Revised Statutes of 1950, to be comprised of2
R.S. 19:361 through 368, relative to expropriation by St. Mary Parish; to authorize3
the governing authority of the parish to expropriate by a declaration of taking; to4
define terms; to provide for procedures; to provide for purposes of expropriation; and5
to provide for related matters.6
Notice of intention to introduce this Act has been published.7
Be it enacted by the Legislature of Louisiana:8
Section 1. Part XI of Title 19 of the Louisiana Revised Statutes of 1950, comprised9
of R.S. 19:361 through 368, is hereby enacted to read as follows:10
PART XI. EXPROPRIATION BY A DECLARATION OF TAKING11
BY ST. MARY PARISH12
§361. Parish of St. Mary; authority to expropriate; acquisition of property13
prior to judgment; definitions14
A. When the governing authority of the parish of St. Mary cannot15
amicably acquire property needed for a street, parish road or highway,16
drainage, flood protection, utility, or sewerage project, it may acquire the same17 SB NO. 85
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by expropriation and may acquire the property prior to judgment in the trial1
court fixing the amount of compensation due to the owner of the property. The2
expropriation of any property pursuant to the provisions of this Part must first3
be approved by two-thirds of the elected membership of the governing authority4
of St. Mary Parish by the adoption of an ordinance declaring that the taking is5
necessary or useful for the purposes of this Part.6
B. At least fifteen days prior to filing a petition for expropriation, the7
parish administration must notify the owner or owners by certified mail, return8
receipt requested, of its intention to expropriate the property pursuant to this9
Part. The letter of notification must also inform the owner that if, within fifteen10
days after being served with the notice of suit, he does not object to the taking11
on the ground that it is not for a public purpose, he will waive all defenses to the12
taking except claims for compensation or damages. A copy of this Part must be13
enclosed with the letter of notification.14
C. Except as otherwise provided in this Part, such expropriation by the15
parish government shall be conducted in the manner that the Department of16
Transportation and Development may expropriate property for highway17
purposes, as set forth in R.S. 48:441 through 460.18
D. As used in this Part, the term "property" means any portion of19
immovable property including servitudes, rights-of-way, and other rights in or20
to immovable property, but shall not include any property, utility plant, or21
facilities owned by any private waterworks or sewerage system.22
§362. Contents of petition; place of filing23
The right of expropriation granted by this Part shall be exercised in the24
following manner:25
(1) A petition shall be filed by the governing authority in the district26
court of the parish in which the property to be expropriated is situated.27
(2) The petition shall contain a statement of the purpose for which the28
property is to be expropriated, describing the property necessary therefor with29 SB NO. 85
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a plan of the same, a description of the improvements thereon, if any, and the1
name of the owner if known.2
(3) The petition shall have annexed to it the following:3
(a) A certified copy of the ordinance adopted by the parish council4
authorizing the taking and declaring that it is necessary or useful for the5
purposes of this Part.6
(b) A certificate signed by the parish or consulting engineer declaring7
both that:8
(i) He has fixed the right-of-way in a manner sufficient in his judgment9
to provide for the public interest, safety, and convenience.10
(ii) That the location and design of the proposed improvements are in11
accordance with the best modern practices adopted in the interest of the safety12
and convenience of the public.13
(c) An itemized statement of the amount of money estimated to be the14
full extent of the owner's loss for the taking or the damage, or both, as the case15
may be. It shall be signed by those who made the estimate, showing the capacity16
in which they acted, and the date on which it was made.17
(d) A copy of the return receipt from the letter of notification of18
intention to expropriate the property, as required by R.S. 19:271.19
§363. Prayer of the petition; ex parte order of taking20
The petition shall conclude with a prayer that the property be declared21
taken for public purposes and, upon presentation of the petition, the court shall22
issue an order directing that the amount of the estimate be deposited in the23
registry of the court and declaring that the property described in the petition24
has been taken for public purposes at the time of the deposit.25
§364. Vesting of title26
Title to the property and the property rights specified in the petition27
shall vest in the governing authority of St. Mary Parish upon final court order28
declaring that the property described in the petition has been taken for the29 SB NO. 85
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project, and the right to just and adequate compensation therefor shall vest in1
the persons entitled thereto. Upon vesting of title, the governing authority may2
enter upon and take possession of the property.3
§365. Notice to defendant4
A. Upon receipt of the deposit, the clerk of court shall issue a notice to5
each defendant in the suit, notifying him that the property described in the6
petition has been expropriated for public purposes.7
B. This notice, together with a certified copy of the order, the petition8
and the clerk's receipt for the deposit, shall be delivered by the clerk to the9
proper sheriff for service on each defendant in the manner provided for the10
service of citations.11
§366. Contesting validity of taking; waiver of defenses12
A. Any defendant desiring to contest the validity of the taking on the13
ground that the property was not expropriated for a public use may file a14
motion to dismiss the suit within ten days from the date the notice was served15
on him. He shall certify thereon that a copy thereof has been served personally16
or by mail on either the plaintiff or his attorney of record in the suit. This17
motion shall be tried contradictorily with preference to the judge alone and18
shall be decided prior to fixing the case for trial on the compensation or19
damages due to the defendant.20
B. Failure to file the motion within the time provided or to serve a copy21
thereof on the plaintiff constitutes a waiver of all defenses to the suit except22
claims for compensation or damages.23
§367. Defendant's answer; requirements; delay for filing24
When property is expropriated pursuant to this Part, any defendant may25
apply for a trial to determine the measure of compensation to which he is26
entitled, if:27
(1) He files an answer within one year from the date he is notified in28
writing by the governing authority that it has finally accepted the construction29 SB NO. 85
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project for which the property was expropriated. However, he may file his1
answer prior to the date he is notified by the governing authority.2
(2) His answer sets forth the amount he claims, including the value of3
each parcel expropriated and the amount he claims as damages to the4
remainder of his property.5
(3) His damage claim is reasonably itemized.6
(4) His answer has a certificate thereon showing that a copy thereof has7
been served personally or by mail on all parties to the suit who have not joined8
in the answer.9
§368. Grant as additional authority10
The right to take possession and title as provided in this Part is in11
addition to any right or authority conferred by the laws of this state under12
which expropriation proceedings may be conducted and shall not be construed13
as abrogating, eliminating, or modifying any such right or authority.14
Section 2. This Act shall become effective upon signature by the governor or, if not15
signed by the governor, upon expiration of the time for bills to become law without signature16
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If17
vetoed by the governor and subsequently approved by the legislature, this Act shall become18
effective on the day following such approval.19
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by James Benton.
DIGEST
Present law provides for general expropriation authority. Under existing general
expropriation authority, the property owner can demand a jury trial to determine the value
of the property expropriated. Expropriating authority is only entitled to the property after the
amount fixed by the final judgment is deposited in the registry of the court.
Proposed law retains present law and authorizes the governing authority of St. Mary Parish
to expropriate by a declaration of taking property needed for a street, parish road or highway,
drainage, flood protection, utility, or sewerage project. Requires approval of two-thirds of
the elected membership of the parish council.
Proposed law provides that: (1) the parish administration must give 15 days notice to the
property owner before filing a petition for expropriation; (2) the parish administration must
file a petition which includes an itemized statement of the full extent of the owner's loss; (3)
requires the court to issue an order directing the district to deposit the amount of the estimate SB NO. 85
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in the registry of the court; (4) title to the property vests in the governing authority upon final
court order; and (5) property owner may apply for a trial to determine the measure of
compensation to which he is entitled by filing an answer within one year from the date of
notice of expropriation.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 19:361 through 368)