Peterson (SB 174) Act No. 288
Prior law provided 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.
Prior law provided 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.
New law retains prior 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.
Prior 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.
New law retains prior 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.
Prior 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.
New law requires in cases of grave public emergency, the posting of the notice attached 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 (May 28, 2014).
(Amends R.S. 33:4762(C), 4764(A), and 4765(C))