HLS 14RS-1397 ENGROSSED
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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. 656
BY REPRESENTATIVE MILLER
PROPERTY/EXPROPRIATION: Provides relative to the authority to expropriate
AN ACT1
To amend and reenact R.S. 19:3 and 104, relative to expropriation; to prohibit the2
expropriation of certain property; and to provide for related matters.3
Be it enacted by the Legislature of Louisiana:4
Section 1. R.S. 19:3 and 104 are hereby amended and reenacted to read as follows:5
§3. Property not subject to expropriation 6
A. No graveyard or cemetery shall be expropriated unless the court finds that7
the route of expropriation cannot be diverted from that proposed by the plaintiff8
without great public loss or inconvenience.9
B. No mortgage shall be expropriated. The provisions of this Subsection10
shall not apply to any expropriating authority authorized by R.S. 19:2, which seeks11
to expropriate needed property that is subject to a mortgage. The provisions of R.S.12
19:11 shall apply in such cases.13
* * * 14
§104. Property not subject to expropriation15
A. No graveyard or cemetery shall be expropriated unless the court finds that16
the route of the proposed improvement cannot be diverted from that proposed by the17
plaintiff without great public loss or inconvenience.18
B. No mortgage shall be expropriated.19 HLS 14RS-1397 ENGROSSED
HB NO. 656
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CODING: Words in struck through type are deletions from existing law; words underscored
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. 656
Abstract: Prohibits the expropriation of mortgages.
Present law prohibits the expropriation of a graveyard or cemetery by the state, certain legal
entities, and municipal corporations unless the court finds that the route of expropriation
cannot be diverted from that proposed by the plaintiff without great public loss or
inconvenience.
Proposed law retains present law and also prohibits the expropriation of mortgages.
Provides that proposed law shall not apply to an expropriating authority which seeks to
expropriate needed property that is subject to a mortgage.
(Amends R.S. 19:3 and 104)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Civil Law and Procedure
to the original bill.
1. Added provision specifying that property burdened by a mortgage is subject to
expropriation.