HLS 17RS-965 ENGROSSED
2017 Regular Session
HOUSE BILL NO. 328
BY REPRESENTATIVE COUSSAN
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PROPERTY/IMMOVABLE: Provides relative to extinction of rights relating to immovable
property
1 AN ACT
2To amend and reenact R.S. 9:5176(D), relative to the extinction of rights; to provide for
3 acknowledgment of the extinction of rights; to provide with regard to attorney fees
4 and costs in actions related to extinction of rights; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 9:5176(D) is hereby amended and reenacted to read as follows:
7 ยง5176. Extinction of certain rights; acknowledgment by owner or holder
8 * * *
9 D. The prevailing party in an action pursuant to this Section may be awarded
10 reasonable attorney fees in addition to the costs of the action from the person who
11 demanded or refused delivery of the written acknowledgment. In an action pursuant
12 to this Section, the court may order the losing party or parties to pay the costs of the
13 action and reasonable attorney fees incurred by the prevailing party or parties.
14 * * *
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 17RS-965 ENGROSSED
HB NO. 328
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 328 Engrossed 2017 Regular Session Coussan
Abstract: Provides that the losing party must pay for attorney fees and costs in actions
related to the acknowledgment of extinction of rights.
Present law allows for the recovery of attorney fees and costs in an action regarding the
acknowledgment of extinction of rights involving immovable property from the person who
demanded or refused delivery of the acknowledgment.
Proposed law amends present law to provide that the losing party of a suit under present law
must pay for attorney fees and costs incurred by the prevailing party.
(Amends R.S. 9:5176(D))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the original bill:
1. Provide that the court may order attorney fees and costs to be paid by the losing
party.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.