HLS 14RS-4320 ENGROSSED
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Regular Session, 2014
HOUSE CONCURRENT RESOLUTI ON NO. 162
BY REPRESENTATIVE GAROFALO
PROPERTY/EXPROPRIATION: Authorizes the Louisiana State Law Institute to make
recommendations for the disclosure of information to landowners whose property is
subject to expropriation
A CONCURRENT RESOLUTI ON1
To authorize and direct the Louisiana State Law Institute to study and make2
recommendations for the inclusion of information in a disclosure notice to3
landowners whose property is subject to expropriation by public or private entities.4
WHEREAS, expropriation of private property is a process which should be employed5
only as necessary and with great caution as it involves the derogation of a closely protected6
right under the constitutions of Louisiana and the United States; and7
WHEREAS, the representative of a public or private entity expropriating property8
may often have more knowledge of the expropriation laws and procedures than the owner9
of the property being expropriated; and10
WHEREAS, the state of Texas has developed a "Landowner's Bill of Rights" which11
requires that all entities with expropriation authority provide a brief summary of the12
landowner's rights to the landowner prior to the filing of the expropriation proceeding; and13
WHEREAS, in an effort to ensure that the owner of the property being expropriated14
in Louisiana is more aware of his rights and remedies regarding the taking of his property15
by a public or private entity, House Bill No. 1281 was introduced during the 2014 Regular16
Session of the Legislature of Louisiana; and17
WHEREAS, the policy behind requiring disclosures similar to the Texas18
"Landowner's Bill of Rights" is to provide Louisiana landowners with more information that19
can assist them in making more informed decisions about such issues as adequate20 HLS 14RS-4320 ENGROSSED
HCR NO. 162
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compensation, a public purpose for the taking, proper notice of the taking, access to written1
appraisals, the right to hire an attorney and an appraiser, and the right to a court hearing; and2
WHEREAS, in developing its recommendations for information to be included in a3
disclosure notice, the Louisiana State Law Institute should include and solicit information4
from representatives from the Public Service Commission and the Department of Natural5
Resources, office of conservation.6
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby7
authorize and direct the Louisiana State Law Institute, with input from the Public Service8
Commission and the Department of Natural Resources, office of conservation, to study and9
make recommendations for the inclusion of information in a disclosure notice to landowners10
whose property is the subject of an expropriation proceeding.11
BE IT FURTHER RESOLVED that the study of the inclusion of a Landowner's Bill12
of Rights is not intended to create additional expropriation statutes outside of the scope of13
this Resolution.14
BE IT FURTHER RESOLVED that the Louisiana State Law Institute report its15
findings and recommendations to the Legislature of Louisiana on or before January 1, 2016.16
BE IT FURTHER RESOLVED that a suitable copy of this Resolution be transmitted17
to the director of the Louisiana State Law Institute.18
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)]
Garofalo HCR No. 162
Authorizes and directs the Louisiana State Law Institute to study and make
recommendations for the inclusion of information in a disclosure notice to a landowner
whose property is the subject of an expropriation proceeding.
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Civil Law and Procedure
to the original bill.
1. Changed provision to specify that expropriation should be employed only as
necessary.
2. Added provision declaring that the resolution is not intended to create additional
expropriation statutes.