HLS 14RS-1096 ENGROSSED
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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 or extent of taking; waiver of defenses; judgment on9
validity or extent of taking10
A. Any defendant desiring to contest the validity or extent of the taking on11
the ground that the property was not expropriated for a public use may file a motion12
to dismiss the suit within ten days from the date the notice was served on him. He13
shall certify thereon that a copy thereof has been served personally or by mail on14
either the 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 to dismiss or to serve17
a copy thereof on the plaintiff within ten days from the date the notice was served on18
him constitutes a waiver of all defenses to the suit except claims for compensation.19 HLS 14RS-1096 ENGROSSED
HB NO. 478
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C. In the event a defendant files a timely motion to dismiss challenging the1
validity or extent of the taking, the court shall set the matter for hearing within thirty2
days after the filing of the motion to dismiss and shall render a decision within five3
days after the case is submitted. A judgment rendered determining the validity or the4
extent of the taking pursuant to this Part shall be signed and designated as a final5
judgment by the court for the purpose of an immediate appeal.6
* * *7
§150. Determining value where entire tract expropriated; jury demand8
A. Where an entire lot, block or tract of land is expropriated, any defendant9
may apply for a trial to determine the market value of the property expropriated,10
provided: 11
(1) He files an answer within thirty days from the date he is served with the12
notice required by R.S. 19:146;13
(2) His answer sets forth the amount he claims; 14
(3) His answer has a certificate thereon showing that a copy thereof has been15
served personally or by mail on all parties to the suit who have not joined in the16
answer. 17
B. If the defendant desires a trial by jury, he shall file his demand for a jury18
trial within thirty days from the date he is served with the notice required by R.S.19
19:146. Failure to demand a jury within the time provided constitutes a waiver of20
the right to a jury trial.21
C. Upon the filing of the answer, the court shall issue an order fixing the22
time of the trial of the suit. The clerk of court shall thereupon issue a notice to all23
parties who did not join in the answer of the time fixed for the trial. This notice shall24
be served at least twenty days before the time fixed for the trial and in the manner25
provided by law for the service of citations.26 HLS 14RS-1096 ENGROSSED
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§151. Determining value and damages where part of a tract is expropriated; jury1
demand2
A. Where a portion of a lot, block or tract of land is expropriated, any3
defendant may apply for a trial to determine the just and adequate compensation to4
which he is entitled, provided: 5
(1) He files an answer within one year from the date he is notified in writing ,6
by certified mail, by the plaintiff that it has finally accepted the construction of the7
facility or facilities for which the property was expropriated; 8
(2) His answer sets forth the amount he claims as the value of each parcel9
expropriated and the amount he claims as damages to the remainder of his property;10
(3) His damage claim is reasonably itemized; 11
(4) 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 include a demand for trial15
by jury in his answer or separate pleading. The answer or separate pleading16
demanding a trial by jury shall be filed not later than the time period which the17
defendant has to file his answer pursuant to this Section. Failure to demand a jury18
within the time provided constitutes a waiver of the right to a jury trial.19
C. Upon the filing of the answer, the court shall issue an order fixing the20
time of the trial of the suit on compensation. The clerk of court shall thereupon issue21
a notice to all parties who did not join in the answer of the time fixed for the trial.22
This notice shall be served at least twenty days before the time fixed for trial and in23
the same manner provided for the service of citations.24
* * *25
§159. Effect Appeal; expedited review; effect of appeal26
A. No party to an expropriation proceeding filed pursuant to this Part shall27
be entitled to or granted a suspensive appeal from any order, judgment, or decree28
rendered in such proceeding, whether such order, judgment, or decree is on the29 HLS 14RS-1096 ENGROSSED
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merits, exceptions, or special pleas and defenses, or compensation, or any or all of1
them.2
B. Any judgment determining the validity or the extent of the taking3
pursuant to R.S. 19:147, shall be subject to a devolutive appeal, and the delays for4
taking such an appeal shall commence upon the signing of that judgment.5
C. The appellate court shall consider an appeal of a judgment rendered6
pursuant to R.S. 19:147, on an expedited basis.7
D. No appeal in any expropriation suit brought under these provisions shall8
operate to prevent or delay the vesting of title in the plaintiff. 9
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 or extent 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 10 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 specifies that the failure to file the motion to dismiss
within 10 days of service of the notice constitutes a waiver of all defenses.
Proposed law provides that if a motion to dismiss is timely filed, the court shall set the
hearing within 30 days and render a decision within five days, 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 required by R.S. 19:146, and provides that failure to demand a jury within the time
provided constitutes a waiver of the right to a jury trial. HLS 14RS-1096 ENGROSSED
HB NO. 478
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are additions.
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, requires notice by certified mail, and provides that if the
defendant desires a trial by jury, he shall include a demand for a jury trial in his answer or
separate pleading demanding a jury trial, which shall be filed within the time allowed to file
an answer.
Proposed law 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 a suspensive appeal shall not be available
in an expropriation proceeding, that the judgment determining the validity or the extent of
the taking shall be subject to 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 a judgment rendered pursuant to R.S. 19:147 on an expedited basis.
(Amends R.S. 19:147, 150, 151, and 159)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Civil Law and Procedure
to the original bill.
1. Added provisions specifying that the contest of the taking may be for the validity
or the extent of the taking.
2. Added provision that failure to file the motion to dismiss within 10 days of
service constitutes a waiver of defenses.
3. Added requirements that the hearing on the motion to dismiss shall be set within
30 days and the decision shall be rendered within five days.
4. Added provision that notice of final acceptance of construction be made by
certified mail.
5. Added provision that if the defendant desires a jury trial, he shall include such
a demand in his answer or separate pleading, and that such separate pleading is
required to be filed within the same period as the answer.
6. Added provision that no party to an expropriation shall be entitled to a
suspensive appeal and that a judgment determining the validity or extent of the
taking shall be subject to a devolutive appeal.