ENROLLED
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ACT No. 445
Regular Session, 2012
HOUSE BILL NO. 26
BY REPRESENTATIVE CONNICK
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
ยง3191.1. 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 that 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 that19
expropriated the residential property shall execute and return the act of transfer of20
ownership without additional cost to the original owner or his heir.21
C. The state or political subdivision of the state that expropriated the22
residential property may oppose the act of transfer of ownership by filing an action23 ENROLLEDHB NO. 26
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for injunction within thirty days of receipt of the tendered payment and the act of1
transfer of ownership in the district court where the property is located.2
(1) If the court finds that the original owner or his heir failed to tender fair3
market value of the property, retain possession of the property, or maintain the4
property for the requisite thirty-year period, the court shall grant the injunction and5
the state or political subdivision of the state shall not be required to execute the act6
of transfer of ownership.7
(2) If the court finds that the original owner or his heir tendered the fair8
market value of the property, retained possession of the property, and maintained the9
property for the requisite thirty-year period, the court shall order the state or political10
subdivision of the state to execute the act of transfer of ownership and shall award11
court costs and attorney fees to the original owner or his heir.12
D.(1) The provisions of this Section shall not apply to property expropriated13
for construction, operation, or maintenance of levees, levee systems, flood control,14
drainage, hurricane or storm surge protection, or integrated coastal protection.15
(2) The provisions of this Section shall not apply to property expropriated16
by the Department of Transportation and Development.17
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: