Requests the Louisiana State Law Institute to study the applicability of "possessory action" as provided in the Louisiana Code of Civil Procedure.
Impact
The resolution seeks to evaluate and potentially reform the legal standards surrounding possessory action, which has seen minimal updates since its inception. The existing laws may lead to unjust outcomes for landowners who have maintained peaceful possession of their property, making it essential for the law to clarify and protect legitimate ownership rights. By requesting an in-depth review and recommendations for legislative action, SCR42 aims to ensure that property owners' rights are not overridden by claims that could arise from mere occupancy.
Summary
Senate Concurrent Resolution No. 42 (SCR42) urges the Louisiana State Law Institute to study the applicability of 'possessory action' as defined in the Louisiana Code of Civil Procedure. This study is particularly concerned with claims of possession made by individuals over land owned by others, even when the rightful owner has occupied the land undisturbed for many years. Introduced by Senator Morrish, the resolution highlights concerns regarding the existing legal framework which allows claims based on possession, regardless of the claimant's intentions or the length of time the true owner has held the land.
Sentiment
The sentiment surrounding SCR42 appears to be supportive among those who value property rights and the integrity of land ownership. Advocates of the resolution believe that revising the possessory action laws could enhance protections for landowners against potential abuses. However, there may also be concerns regarding how such changes could affect individuals who claim rights based on possession, suggesting that while there is a desire for reform, the method and impact of such changes remain points of contention.
Contention
Notable points of contention may arise from differing perspectives on land use and possession. While property owners advocate for stronger protections against adverse claims, some parties might argue that the current laws are essential for safeguarding those who have established long-term occupancy of a property, potentially complicating matters of urban land use and ownership rights. Balancing these interests will be a critical aspect of the Louisiana State Law Institute's study and subsequent recommendations.
Requests the Louisiana State Law Institute to conduct a review and study of Louisiana's in forma pauperis and related statutes as applied by Louisiana courts in civil judicial proceedings.
Requests the Louisiana State Law Institute to perform a comprehensive study of Louisiana bail laws and procedures and to make recommendations as necessary for modernization of bail practices.