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Regular Session, 2012
HOUSE BILL NO. 26
BY REPRESENTATIVE CONNICK
PROPERTY/EXPROPRIATION: Provides relative to the return of expropriated residential
property
AN ACT1
To enact R.S. 9:3191.1, relative to the return of expropriated residential property; to provide2
for prescription; to provide for payment; to provide for transfer of ownership; to3
provide for civil procedures for opposing transfer of ownership; to provide for4
applicability; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 9:3191.1 is hereby enacted to read as follows: 7
§3191.1. Thirty-year prescription; return of expropriated residential property8
A. If residential property expropriated by the state or a political subdivision9
of the state remains in the possession of and is maintained by the original owner or10
his heir for a period of more than thirty years, the expropriated property shall be11
transferred back to the original owner or his heir upon payment of the fair market12
value of the property.13
B. Upon expiration of the thirty-year period as provided by Subsection A of14
this Section, the original owner or his heir may tender payment of the fair market15
value of the property and deliver an act of transfer of ownership to the state or16
political subdivision of the state which expropriated the residential property. Within17
thirty days of receipt of the act of transfer of ownership and payment of the fair18
market value of the property, the state or political subdivision of the state which19 HLS 12RS-65 ENGROSSED
HB NO. 26
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expropriated the residential property shall execute and return the act of transfer of1
ownership without additional cost to the original owner or his heir.2
C. The state or political subdivision of the state which expropriated the3
residential property may oppose the act of transfer of ownership by filing an action4
for injunction within thirty days of receipt of the tendered payment and the act of5
transfer of ownership in the district court where the property is located.6
(1) If the court finds that the original owner or his heir failed to tender fair7
market value of the property, retain possession of the property, or maintain the8
property for the requisite thirty-year period, the court shall grant the injunction and9
the state or political subdivision of the state shall not be required to execute the act10
of transfer of ownership.11
(2) If the court finds that the original owner or his heir tendered the fair12
market value of the property, retained possession of the property, and maintained the13
property for the requisite thirty-year period, the court shall order the state or political14
subdivision of the state to execute the act of transfer of ownership and shall award15
court costs and attorney fees to the original owner or his heir.16
D.(1) The provisions of this Section shall not apply to property expropriated17
construction, operation, or maintenance of levees, levee systems, flood control,18
drainage, hurricane or storm surge protection, or integrated coastal protection.19
(2) The provisions of this Section shall not apply to property expropriated20
by the Department of Transportation and Development.21
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)]
Connick HB No. 26
Abstract: Provides for the return of expropriated property to the original owner or his heir
after the passage of more than 30 years under certain circumstances.
Present law provides procedures for the expropriation of property for public purposes.
Present law (La. Const. Art. I, §4(B)(1) and (5)) requires payment of just compensation to
the full extent of the owner's loss. HLS 12RS-65 ENGROSSED
HB NO. 26
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are additions.
Present law (La. Const. Art. I, §4(H)(1)) provides that after 30 years have passed from the
date the property was expropriated, the state or political subdivision may sell or otherwise
transfer the property as provided by law.
Proposed law provides that if residential property expropriated by the state or a political
subdivision of the state remains in the possession of and is maintained by the original owner
or his heir for a period of more than 30 years, the expropriated property shall be transferred
back to the original owner or his heir upon payment of the fair market value of the property.
Proposed law provides for procedures by which the original owner or his heir may tender
payment of the fair market value of the property and deliver an act of transfer of ownership
to the state or political subdivision. Further provides for procedures for opposing the act of
transfer of ownership.
Proposed law provides that the state or political subdivision shall not be required to execute
the act of transfer of ownership if the court finds that the original owner or his heir failed to
tender fair market value of the property, retain possession of the property, or maintain the
property.
Proposed law provides that the state or political subdivision shall be required to execute the
act of transfer of ownership and pay court costs and attorney fees if the court finds that the
original owner or his heir tendered the fair market value of the property, retained possession
of the property, and maintained the property.
Provides that proposed law shall not apply to property expropriated for the construction,
operation, or maintenance of levees, levee systems, flood control, drainage, or hurricane or
coastal protection projects, and shall not apply to property expropriated by DOTD.
(Adds R.S. 9:3191.1)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Civil Law and Procedure
to the original bill.
1. Added provisions to broaden the exemption for property expropriated for flood,
hurricane, and coastal protection.
2. Added provision to exempt property expropriated by DOTD from application of
proposed law.