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.
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.