HLS 14RS-1096 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 478
BY REPRESENTATIVE MILLER
PROPERTY/EXPROPRIATION: Provides relative to procedures in certain expropriation
proceedings
AN ACT1
To amend and reenact R.S. 19:147, 150, 151, and 159, relative to expropriation; to provide2
relative to certain expropriation procedures; to provide for final judgments for3
purposes of immediate appeal; to provide for the delay within which to request a jury4
trial; to provide relative to appeals; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 19:147, 150, 151, and 159 are hereby amended and reenacted to read7
as follows: 8
§147. Contesting validity of taking; waiver of defenses ; judgment on validity or9
extent of taking10
A. Any defendant desiring to contest the validity of the taking on the ground11
that the property was not expropriated for a public use may file a motion to dismiss12
the suit within ten days from the date the notice was served on him. He shall certify13
thereon that a copy thereof has been served personally or by mail on either the14
plaintiff or his attorney of record in the suit. This motion shall be tried15
contradictorily with the plaintiff. 16
B. Failure to file the motion within the time provided or to serve a copy17
thereof on the plaintiff constitutes a waiver of all defenses to the suit except claims18
for compensation.19 HLS 14RS-1096 ORIGINAL
HB NO. 478
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are additions.
C. A judgment rendered determining the validity or the extent of the taking1
pursuant to this Section shall be signed and designated as a final judgment for the2
purpose of an immediate appeal.3
* * *4
§150. Determining value where entire tract expropriated; jury demand5
A. Where an entire lot, block or tract of land is expropriated, any defendant6
may apply for a trial to determine the market value of the property expropriated,7
provided: 8
(1) He files an answer within thirty days from the date he is served with the9
notice; 10
(2) His answer sets forth the amount he claims; 11
(3) His answer has a certificate thereon showing that a copy thereof has been12
served personally or by mail on all parties to the suit who have not joined in the13
answer. 14
B. If the defendant desires a trial by jury, he shall file his demand for a jury15
trial within thirty days from the date he is served with the notice. Failure to demand16
a jury within the time provided constitutes a waiver of the right to a jury trial.17
C. Upon the filing of the answer, the court shall issue an order fixing the18
time of the trial of the suit. The clerk of court shall thereupon issue a notice to all19
parties who did not join in the answer of the time fixed for the trial. This notice shall20
be served at least twenty days before the time fixed for the trial and in the manner21
provided by law for the service of citations.22
§151. Determining value and damages where part of a tract is expropriated; jury23
demand24
A. Where a portion of a lot, block or tract of land is expropriated, any25
defendant may apply for a trial to determine the just and adequate compensation to26
which he is entitled, provided: 27 HLS 14RS-1096 ORIGINAL
HB NO. 478
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are additions.
(1) He files an answer within one year from the date he is notified in writing1
by the plaintiff that it has finally accepted the construction of the facility or facilities2
for which the property was expropriated; 3
(2) His answer sets forth the amount he claims as the value of each parcel4
expropriated and the amount he claims as damages to the 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 has been7
served personally or by mail on all parties to the suit who have not joined in the8
answer. 9
B. If the defendant desires a trial by jury, he shall file his demand for a jury10
trial at the same time he files his answer. Failure to demand a jury within the time11
provided constitutes a waiver of the right to a jury trial.12
C. Upon the filing of the answer, the court shall issue an order fixing the13
time of the trial of the suit. The clerk of court shall thereupon issue a notice to all14
parties who did not join in the answer of the time fixed for the trial. This notice shall15
be served at least twenty days before the time fixed for trial and in the same manner16
provided for the service of citations.17
* * *18
§159. Effect Appeal; expedited review; effect of appeal 19
A. The judgment determining the validity or the extent of the taking shall be20
subject to the decision of the appellate court on review under a devolutive appeal,21
and the delays for taking such an appeal shall commence upon the signing of that22
judgment.23
B. The appellate court shall consider an appeal of such judgment on an24
expedited basis.25
C. No appeal in any expropriation suit brought under these provisions shall26
operate to prevent or delay the vesting of title in the plaintiff. 27 HLS 14RS-1096 ORIGINAL
HB NO. 478
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are additions.
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)]
Miller HB No. 478
Abstract: Provides that a judgment determining the validity of a taking in an expropriation
proceeding shall be a final judgment for purposes of an immediate appeal, provides
for the delays in which to request a jury trial, and provides for the effects of an
appeal.
Present law provides that any defendant desiring to contest the validity of the taking in an
expropriation proceeding on the ground that the property was not expropriated for a public
use may file a motion to dismiss the suit within ten days from the date the notice was served
on him, and that failure to file the motion within the time provided or to serve a copy thereof
on the plaintiff constitutes a waiver of all defenses to the suit except claims for
compensation.
Proposed law retains present law and provides that a judgment rendered determining the
validity of the taking shall be designated as a final judgment for the purpose of an immediate
appeal.
Present law provides that in a proceeding where an entire lot, block or tract of land is
expropriated, any defendant may apply for a trial to determine the market value of the
property expropriated if the defendant files an answer within 30 days from the date he is
served with the notice.
Proposed law retains present law and provides that if the defendant desires a trial by jury,
he shall file his demand for a jury trial within 30 days from the date he is served with the
notice, and provides that failure to demand a jury within the time provided constitutes a
waiver of the right to a jury trial.
Present law provides that where a portion of a lot, block or tract of land is expropriated, any
defendant may apply for a trial to determine the just and adequate compensation to which
he is entitled if he files an answer within one year from the date he is notified in writing by
the plaintiff that it has finally accepted the construction of the facility for which the property
was expropriated.
Proposed law retains present law and provides that if the defendant desires a trial by jury,
he shall file his demand for a jury trial at the same time he files his answer, and provides that
failure to demand a jury within the time provided constitutes a waiver of the right to a jury
trial.
Present law provides that no appeal in any expropriation suit brought under the provisions
of present law shall operate to prevent or delay the vesting of title in the plaintiff.
Proposed law retains present law and provides that the judgment determining the validity or
the extent of the taking shall be subject to the decision of the appellate court on review under
a devolutive appeal, that the delays for taking such an appeal shall commence upon the
signing of that judgment, and that the appellate court shall consider an appeal of such
judgment on an expedited basis.
(Amends R.S. 19:147, 150, 151, and 159)