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Regular Session, 2014
SENATE BILL NO. 174
BY SENATORS PETERSON, APPEL, MARTINY AND GARY SMI TH AND
REPRESENTATIVES BILLIOT, LEOPOLD, LORUSSO, WILLMOTT
AND WOODRUFF
MUNICIPALITIES. Provides relative to condemnation procedures for the removal of
dangerous structures in parishes and municipalities. (gov sig)
AN ACT1
To amend and reenact R.S. 33:4762(C), 4764(A), and 4765(C), relative to the removal of2
dangerous structures; to provide for notice to the owner; to provide for certain action3
to appeal decision; to provide for certain notification in cases of grave public4
emergencies; to provide for an effective date; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 33:4762(C), 4764(A), and 4765(C) are hereby amended and7
reenacted to read as follows: 8
§4762. Notice to owner; hearing; notice filed with recorder of mortgages binds9
transferees10
* * *11
C. In case of grave public emergency where the condition of the building is12
such as to cause possible immediate loss or damage to person or property, the parish13
or municipal governing authority may condemn the building after twenty-four hours14
notice served upon the owner or his agent or the occupant and attorney at law15
appointed to represent the absentee owner. Any such notice may be attached to a16
door or main entrance of the premises or in a conspicuous place on the exterior17 SB NO. 174
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
of the premises and shall have the same effect as delivery to or personal service on1
the owner, occupant, or attorney at law appointed to represent the absentee owner.2
* * *3
§4764. Appeal from decision4
A. The owner, occupant, agent, or other representative of the owner may5
appeal from the decision of the parish or municipal governing authority to the district6
court having jurisdiction over the property. The appeal shall be made by the filing7
of a suit against the parish or municipality, setting forth the reasons why the decision8
or order of the governing body is illegal or improper, and the issue shall be tried de9
novo and by preference in the district court. Where a grave public emergency has10
been declared by the parish or municipal governing authority, the owner of the11
building who desires to prevent the demolition or removal thereof must file his12
petition within forty-eight hours of the posting of the notice of the demolition or13
removal order on the property and must, at the time of the filing of the petition,14
furnish such bond as may be fixed by the district judge to cover any damage that15
might be caused by the condition of the building.16
* * *17
§4765. Compliance with decision; demolition by parish or municipality where18
owner fails to comply; notice; assistance of national guard19
* * *20
C.(1) Prior to the demolition or removal of the building or structure by the21
parish or municipality, the parish president, police jury, mayor, or some official22
designated by the appropriate authority shall serve notice on the owner, or his agent,23
and on the occupant of the building, if any there be, or upon the attorney at law24
appointed to represent the minor, interdict, or absentee owner, giving the time when25
work will begin upon the demolition or removal of the building, structure, or public26
nuisance.27
(2) Notwithstanding Paragraph (1) of this Subsection, in cases of grave28
public emergency, the posting of the notice attached to the door or main29 SB NO. 174
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entrance of the premises or in a conspicuous place on the exterior of the1
premises giving the time when work will begin upon the demolition or removal2
of the building, structure, or public nuisance shall be considered sufficient3
notice to the owner, occupant or attorney at law appointed to represent the4
absentee owner.5
* * *6
Section 2. This Act shall become effective upon signature by the governor or, if not7
signed by the governor, upon expiration of the time for bills to become law without signature8
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If9
vetoed by the governor and subsequently approved by the legislature, this Act shall become10
effective on the day following such approval.11
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michael Bell.
DIGEST
Peterson (SB 174)
Present law provides that in case of grave public emergency where the condition of a
building is such as to cause possible immediate loss or damage to person or property, the
parish or municipal governing authority may condemn the building after 24 hours notice
served upon the owner or his agent or the occupant and attorney at law appointed to
represent the absentee owner.
Present law provides that any such notice may be attached to a door or entrance of the
premises and shall have the same effect as delivery to or personal service on the owner,
occupant, or attorney at law appointed to represent the absentee owner.
Proposed law retains present law and provides for any such notice to be attached to a door
or main entrance of the premises or in a conspicuous place on the exterior of the premises.
Present law provides that where a grave public emergency has been declared by the parish
or municipal governing authority, the owner of the building who desires to prevent the
demolition or removal thereof must file his petition within 48 hours.
Proposed law retains present law and requires the owner of the building who desires to
prevent the demolition or removal to file his petition within 48 hours of the posting of the
notice of the demolition or removal order on the property.
Present law provides that prior to the demolition or removal of a building or structure by the
parish or municipality, the parish president, police jury, mayor, or some official designated
by the appropriate authority shall serve notice on the owner, or his agent, and on the
occupant of the building, if any there be, or upon the attorney at law appointed to represent
the minor, interdict, or absentee owner, giving the time when work will begin upon the
demolition or removal of the building, structure, or public nuisance.
Proposed law requires in cases of grave public emergency, the posting of the notice attached SB NO. 174
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
to the door or main entrance of the premises or in a conspicuous place on the exterior of the
premises giving the time when work will begin upon the demolition or removal of the
building, structure, or public nuisance is sufficient notice to the owner, occupant or attorney
at law appointed to represent the absentee owner.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 33:4762(C), 4764(A), and 4765(C))