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Regular Session, 2014
HOUSE CONCURRENT RESOLUTI ON NO. 162
BY REPRESENTATIVE GAROFALO
A CONCURRENT RESOLUTI ON
To authorize and direct the Louisiana State Law Institute to study and make
recommendations for the inclusion of information in a disclosure notice to
landowners whose property is subject to expropriation by public or private entities.
WHEREAS, expropriation of private property is a process which should be employed
only as necessary and with great caution as it involves the derogation of a closely protected
right under the constitutions of Louisiana and the United States; and
WHEREAS, the representative of a public or private entity expropriating property
may often have more knowledge of the expropriation laws and procedures than the owner
of the property being expropriated; and
WHEREAS, the state of Texas has developed a "Landowner's Bill of Rights" which
requires that all entities with expropriation authority provide a brief summary of the
landowner's rights to the landowner prior to the filing of the expropriation proceeding; and
WHEREAS, in an effort to ensure that the owner of the property being expropriated
in Louisiana is more aware of his rights and remedies regarding the taking of his property
by a public or private entity, House Bill No. 1281 was introduced during the 2014 Regular
Session of the Legislature of Louisiana; and
WHEREAS, the policy behind requiring disclosures similar to the Texas
"Landowner's Bill of Rights" is to provide Louisiana landowners with more information that
can assist them in making more informed decisions about such issues as adequate
compensation, a public purpose for the taking, proper notice of the taking, access to written
appraisals, the right to hire an attorney and an appraiser, and the right to a court hearing; and
WHEREAS, in developing its recommendations for information to be included in a
disclosure notice, the Louisiana State Law Institute should include and solicit information ENROLLEDHCR NO. 162
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from representatives from the Public Service Commission and the Department of Natural
Resources, office of conservation.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
authorize and direct the Louisiana State Law Institute, with input from the Public Service
Commission and the Department of Natural Resources, office of conservation, to study and
make recommendations for the inclusion of information in a disclosure notice to landowners
whose property is the subject of an expropriation proceeding.
BE IT FURTHER RESOLVED that the study of the inclusion of a Landowner's Bill
of Rights is not intended to create additional expropriation statutes outside of the scope of
this Resolution.
BE IT FURTHER RESOLVED that the Louisiana State Law Institute report its
findings and recommendations to the Legislature of Louisiana on or before January 1, 2016.
BE IT FURTHER RESOLVED that a suitable copy of this Resolution be transmitted
to the director of the Louisiana State Law Institute.
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE