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Prepared by Julie J. Baxter.
Miller HB No. 478
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
PROPERTY/EXPROPRIATION: Provides relative to procedures in certain
expropriation proceedings
DIGEST
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 Page 2 of 2
Prepared by Julie J. Baxter.
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.
Proposed law provides that proposed law shall have prospective application only and shall
apply only to actions or claims filed on and after its effective date.
(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.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the engrossed
bill
1. Adds that the Act shall have prospective application only and shall apply only to
actions or claims filed on and after its effective date.