ENROLLED
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ACT No. 625
Regular Session, 2014
HOUSE BILL NO. 478
BY REPRESENTATIVE MILLER
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 twenty days from the date the notice was served on13
him. He shall certify thereon that a copy thereof has been served personally or by14
mail on either the plaintiff or his attorney of record in the suit. This motion shall be15
tried 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 twenty days from the date the notice was served18
on him constitutes a waiver of all defenses to the suit except claims for19
compensation.20
C. In the event a defendant files a timely motion to dismiss challenging the21
validity or extent of the taking, the court shall set the matter for hearing within thirty22
days after the filing of the motion to dismiss and shall render a decision within five23
days after the case is submitted. A judgment rendered determining the validity or the24 ENROLLEDHB NO. 478
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extent of the taking pursuant to this Part shall be signed and designated as a final1
judgment by the court for the purpose of an immediate appeal.2
* * *3
§150. Determining value where entire tract expropriated; jury demand4
A. Where an entire lot, block or tract of land is expropriated, any defendant5
may apply for a trial to determine the market value of the property expropriated,6
provided: 7
(1) He files an answer within thirty days from the date he is served with the8
notice required by R.S. 19:146;.9
(2) His answer sets forth the amount he claims;.10
(3) His answer has a certificate thereon showing that a copy thereof has been11
served personally or by mail on all parties to the suit who have not joined in the12
answer. 13
B. If the defendant desires a trial by jury, he shall file his demand for a jury14
trial within thirty days from the date he is served with the notice required by R.S.15
19:146. Failure to demand a jury within the time provided constitutes a waiver of16
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
(1) He files an answer within one year from the date he is notified in writing ,28
by certified mail, by the plaintiff that it has finally accepted the construction of the29
facility or facilities for which the property was expropriated ;.30 ENROLLEDHB NO. 478
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(2) His answer sets forth the amount he claims as the value of each parcel1
expropriated and the amount he claims as damages to the remainder of his property;.2
(3) His damage claim is reasonably itemized ;.3
(4) His answer has a certificate thereon showing that a copy thereof has been4
served personally or by mail on all parties to the suit who have not joined in the5
answer. 6
B. If the defendant desires a trial by jury, he shall include a demand for trial7
by jury in his answer or separate pleading. The answer or separate pleading8
demanding a trial by jury shall be filed not later than the time period during which9
the defendant has to file his answer pursuant to this Section. Failure to demand a10
jury within the time provided constitutes a waiver of the right to a jury trial.11
C. Upon the filing of the answer, the court shall issue an order fixing the12
time of the trial of the suit on compensation. The clerk of court shall thereupon issue13
a notice to all parties who did not join in the answer of the time fixed for the trial.14
This notice shall be served at least twenty days before the time fixed for trial and in15
the same manner provided for the service of citations.16
* * *17
§159. Effect Appeal; expedited review; effect of appeal18
A. No party to an expropriation proceeding filed pursuant to this Part shall19
be entitled to or granted a suspensive appeal from any order, judgment, or decree20
rendered in such proceeding, whether such order, judgment, or decree is on the21
merits, exceptions, or special pleas and defenses, or compensation, or any or all of22
them.23
B. Any judgment determining the validity or the extent of the taking24
pursuant to R.S. 19:147, shall be subject to a devolutive appeal, and the delays for25
taking such an appeal shall commence upon the signing of that judgment.26
C. The appellate court shall consider an appeal of a judgment rendered27
pursuant to R.S. 19:147, on an expedited basis.28
D. No appeal in any expropriation suit brought under these provisions shall29
operate to prevent or delay the vesting of title in the plaintiff.30 ENROLLEDHB NO. 478
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Section 2. The provisions of this Act shall have prospective application only and1
shall apply only to actions or claims filed on and after its effective date.2
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: