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Regular Session, 2012
SENATE BILL NO. 703
BY SENATOR AMEDEE AND REPRESENTATIVES BERTHELOT, LAMBERT AND
SCHEXNAYDER
LOCAL AGENCIES. Authorizes the parish of Ascension to expropriate certain property.
(8/1/12)
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; to authorize the governing3
authority of Ascension Parish to expropriate by a declaration of taking; to provide4
certain terms, conditions, procedures, definitions, requirements, and effects; to5
prohibit expropriation for certain purposes; and 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 TAKING BY THE11
PARISH OF ASCENSION12
§361. Ascension Parish government; authority to expropriate; acquisition of13
property prior to judgment; definitions14
A. After August 1, 2012, and until August 1, 2016, when the Ascension15
Parish governing authority cannot amicably acquire property needed for a16
road or sewage project, it may acquire it by expropriation. The parish17 SB NO. 703
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governing authority shall give proper notice to the property owner of the1
intention to expropriate the property and the property owner shall have one2
year from the time of service of such notice before the parish may proceed with3
expropriation. It may acquire the property only after a court of competent4
jurisdiction finds it necessary for a public purpose at a rule to show cause5
hearing, but prior to judgment in the trial court fixing the amount of6
compensation due to the owner of the property.7
B. If the owners are known and can be located, the governing authority8
must engage in good faith negotiations with the owner or owners of the subject9
property to acquire the property by conventional agreement, and it must make10
at least one written offer to purchase the property for a specific price.11
Thereafter, if the governing authority concludes that it cannot amicably acquire12
the subject property, it must, at least thirty days prior to filing a petition, notify13
the owner or owners by certified mail, return receipt requested, of its intention14
to expropriate the property pursuant to this Part. If the notice is returned15
unclaimed, the governing authority shall mail the letter of notification by16
regular mail and wait thirty days from the date of mailing prior to filing suit.17
The letter of notification must also inform the owner that if, within thirty days18
after being served with the notice of suit, he does not object to the taking on the19
ground that it is not for a public purpose, he will waive all defenses to the taking20
except claims for compensation or damages. A copy of this Part must be21
enclosed with the letter of notification.22
C. Except as otherwise provided in this Part, such expropriation by the23
parish government shall be conducted in the manner that the Department of24
Transportation and Development may expropriate property for highway25
purposes, as set forth in R.S. 48:441 through 460.26
D. As used in this Part, the term "property" means any portion of27
immovable property including servitudes, rights-of-way, and other rights in or28
to immovable property.29 SB NO. 703
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E. The provisions of this Part shall not apply to investor owned gas,1
electric, and telecommunication utilities or member owned electric co-2
operatives regulated by the Louisiana Public Service Commission.3
§362. Contents of petition; place of filing4
The right of expropriation granted by this Part shall be exercised in the5
following manner:6
(1) A petition shall be filed by the plaintiff in the district court of the7
parish in which the property to be expropriated is situated.8
(2) The petition shall contain a statement of the purpose for which the9
property is to be expropriated, describing the property necessary therefor with10
a plan of the same, a description of the improvements thereon, if any, and the11
name of the owner if known.12
(3) The petition shall have appended to it the following:13
(a) A certified copy of the ordinance adopted by the parish council14
authorizing the taking and declaring that it is for a public purpose in15
accordance with this Part.16
(b) A certificate signed by the parish or consulting engineer declaring (i)17
that he has fixed the right-of-way in a manner sufficient in his judgment to18
provide for the public interest, safety, and convenience and (ii) that the location19
and design of the proposed improvements are in accordance with the best20
modern practices adopted in the interest of the safety and convenience of the21
public.22
(c) An itemized statement of the amount of money estimated in the23
appraisal to be the full extent of the owner's loss for the taking or the damage,24
or both, as the case may be. It shall be signed by those who made the appraisal,25
showing the capacity in which they acted, and the date on which it was made.26
(d) A copy of the return receipt from the letter of notification of intention27
to expropriate the property, as required by R.S. 19:361.28
§363. Prayer of the petition; ex parte order of taking29 SB NO. 703
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The petition shall conclude with a prayer that the property be declared1
taken for sewage or road projects and, upon presentation of the petition, the2
court shall issue an order directing that the amount of the appraisal be3
deposited in the registry of the court. Upon the deposit of the amount of the4
appraisal in the registry of the court, for the use and benefit of the persons5
entitled thereto, the clerk shall issue a receipt showing the amount deposited,6
the date it was deposited, the style and number of the cause, and the description7
of the property and property rights, as contained in the petition.8
§364. Vesting of title9
Title to the property and the property rights specified in the petition10
shall vest in the governing authority upon final court order declaring that the11
property described in the petition has been taken for sewer, drainage, or road12
projects, and the right to just and adequate compensation therefor shall vest in13
the persons entitled thereto. Upon vesting of title, the governing authority may14
enter upon and take possession of the property.15
§365. Notice to defendant16
A. Upon receipt of the deposit, the clerk of court shall issue a notice to17
each defendant in the suit, notifying him that a petition has been filed to18
expropriate the property described in the petition.19
B. This notice, together with a certified copy of the order, the petition,20
and the clerk's receipt for the deposit, shall be delivered by the clerk to the21
proper sheriff for service on each defendant in the manner provided for the22
service of citations.23
§366. Contesting validity of taking; waiver of defenses24
A. Any defendant desiring to contest the validity of the taking on the25
ground that the property was not expropriated for a sewer, drainage, or road26
project purpose shall file a motion to dismiss or other defenses to the taking27
within thirty days after the date on which the notice was served on him. He28
shall certify thereon that a copy thereof has been served personally or by mail29 SB NO. 703
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on either the plaintiff or his attorney of record in the suit. This motion shall be1
tried contradictorily with preference to the judge alone and shall be decided2
prior to fixing the case for trial on the compensation or damages due to the3
defendant.4
B. Failure to file the motion within the time provided or to serve a copy5
thereof on the plaintiff constitutes a waiver of all defenses to the suit except6
claims for compensation or damages.7
§367. Defendant's answer; requirements; delay for filing8
When property is expropriated pursuant to this Part, any defendant may9
apply for a trial to determine the measure of compensation to which he is10
entitled, if:11
(1) He files an answer within one year from the date he is notified in12
writing by the governing authority that it has finally accepted the construction13
project for which the property was expropriated. However, he may file his14
answer prior to the date he is notified by the governing authority.15
(2) His answer sets forth the amount he claims, including the value of16
each parcel expropriated and the amount he claims as damages to the17
remainder of his property.18
(3) His damage claim is reasonably itemized.19
(4) His answer has a certificate thereon showing that a copy thereof has20
been served personally or by mail on all parties to the suit who have not joined21
in the answer.22
§368. Grant as additional authority23
The right to take possession and title as provided in this Part is in24
addition to any right or authority conferred by the laws of this state under25
which expropriation proceedings may be conducted and shall not be construed26
as abrogating, eliminating, or modifying any such right or authority.27
Section 2. The provisions of this Act shall be interpreted so as to be consistent with28
Article 1, Section 4 of the Louisiana Constitution of 1974.29 SB NO. 703
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The original instrument was prepared by Jerry G. Jones. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Linda Nugent.
DIGEST
Amedee (SB 703)
Proposed law authorizes the Ascension Parish governing authority to expropriate certain
property after August 1, 2013, and until August 1, 2016, and provides procedures.
Proposed law provides that when the Ascension Parish governing authority cannot amicably
acquire property needed for a road or sewage project, it may acquire the same by
expropriation. Requires the governing authority to properly notify the property owner of the
intention to expropriate and provides for the property owner to have one year before the
expropriation proceedings may begin. Provides that the governing authority may acquire
the property only after a court finds it necessary for a public purpose at a rule to show cause
hearing, but prior to judgment in the trial court fixing the amount of compensation due to the
owner of the property.
Proposed law further provides that it shall not apply to investor owned gas, electric, and
telecommunication utilities or member owned electric co-operatives regulated by the
Louisiana Public Service Commission.
Proposed law provides procedures for notice to owners, contents and filing of petition,
vesting of title, contesting the validity of the taking, and conducting generally of
expropriation in the same manner that DOTD expropriates property for highway purposes.
Provides that "property" means any portion of immovable property including servitudes,
rights-of-way, and other rights in or to immovable property.
Proposed law requires that proposed law be interpreted in a manner consistent with Article
1, Section 4 of the Louisiana Constitution of 1974 regarding the right to property.
Effective August 1, 2012.
(Adds R.S. 19:361-368)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Local and Municipal
Affairs to the original bill
1. Limits proposed law authority of Ascension Parish to after August 1, 2012,
and until August 1, 2016.
2. Deletes authority for parish to use proposed law procedure to expropriate
property needed for the purposes of a major infrastructure project.
3. Adds requirement for parish to engage in negotiations with owners before
initiating proposed law expropriation procedures.
4. Removes requirement of a 2/3 vote by parish council before proposed law
expropriation procedures may be initiated.
5. Increases the advance notice time to owners by the parish from 15 to 30 days
before filing petition to initiate proposed law expropriation procedures. SB NO. 703
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6. Increases the time for owners to object to proposed law expropriation
procedures on the basis that such taking is not for the public purpose from 15
to 30 days of being served with notice of suit.
7. Changes applicability of proposed law procedures from not authorizing
expropriation for the purposes of bicycle facilities or paths to not applying
to investor owned gas, electric and telecommunication utilities or member
electric cooperatives.
8. Removes requirement for court to issue an order that the parish's
expropriation of the property was for a public purpose if no owner objection
is timely filed.
9. Changes the notice to the property owners upon the filing of a petition from
stating that the property has been expropriated to stating that a petition for
expropriation has been filed.
10.Adds requirement that proposed law be interpreted in a manner consistent
with the state constitution's right to property provision.
Senate Floor Amendments to engrossed bill
1. Prohibits the parish from proceeding with expropriation for a year after
notifying the property owner of its intention.
2. Further prohibits the parish from acquiring the property until the court rules
that the expropriation is necessary for a public purpose.
3. Technical amendments.