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words in boldface type and underscored are additions.
Regular Session, 2014 ENROLLED
SENATE BILL NO. 174
BY SENATORS PETERSON, APPEL, MARTINY AND GARY SMI TH AND
REPRESENTATIVES BERTHELOT, BILLIOT, L EOPOLD,
LORUSSO, WILLMOTT, WOODRUFF AND BROSSETT
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
of the premises and shall have the same effect as delivery to or personal service on18
the owner, occupant, or attorney at law appointed to represent the absentee owner.19
* * *20
§4764. Appeal from decision21
A. The owner, occupant, agent, or other representative of the owner may22
appeal from the decision of the parish or municipal governing authority to the district23
court having jurisdiction over the property. The appeal shall be made by the filing24
ACT No. 288 SB NO. 174 ENROLLED
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words in boldface type and underscored are additions.
of a suit against the parish or municipality, setting forth the reasons why the decision1
or order of the governing body is illegal or improper, and the issue shall be tried de2
novo and by preference in the district court. Where a grave public emergency has3
been declared by the parish or municipal governing authority, the owner of the4
building who desires to prevent the demolition or removal thereof must file his5
petition within forty-eight hours of the posting of the notice of the demolition or6
removal order on the property and must, at the time of the filing of the petition,7
furnish such bond as may be fixed by the district judge to cover any damage that8
might be caused by the condition of the building.9
* * *10
§4765. Compliance with decision; demolition by parish or municipality where11
owner fails to comply; notice; assistance of national guard12
* * *13
C.(1) Prior to the demolition or removal of the building or structure by the14
parish or municipality, the parish president, police jury, mayor, or some official15
designated by the appropriate authority shall serve notice on the owner, or his agent,16
and on the occupant of the building, if any there be, or upon the attorney at law17
appointed to represent the minor, interdict, or absentee owner, giving the time when18
work will begin upon the demolition or removal of the building, structure, or public19
nuisance.20
(2) Notwithstanding Paragraph (1) of this Subsection, in cases of grave21
public emergency, the posting of the notice attached to the door or main22
entrance of the premises or in a conspicuous place on the exterior of the23
premises giving the time when work will begin upon the demolition or removal24
of the building, structure, or public nuisance shall be considered sufficient25
notice to the owner, occupant or attorney at law appointed to represent the26
absentee owner.27
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Section 2. This Act shall become effective upon signature by the governor or, if not29
signed by the governor, upon expiration of the time for bills to become law without signature30 SB NO. 174 ENROLLED
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by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If1
vetoed by the governor and subsequently approved by the legislature, this Act shall become2
effective on the day following such approval.3
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: