SLS 18RS-196 ORIGINAL
2018 Regular Session
SENATE BILL NO. 497
BY SENATOR CORTEZ
EXPROPRIATION. Authorizes the expropriation of property including rights-of-way for
use in certain projects in the city of Lafayette and parish of Lafayette. (8/1/18)
1 AN ACT
2 To amend and reenact R.S. 19:139(A) and (D), relative to the city of Lafayette and parish
3 of Lafayette; to provide for the expropriation of certain property; and to provide for
4 related matters.
5 Notice of intention to introduce this Act has been published.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 19:139(A) and (D) are hereby amended and reenacted to read as
8 follows:
9 ยง139. City of Lafayette and parish of Lafayette; Kaliste Saloom Road Widening
10 Project or drainage, road, or bridge projects; acquisition of
11 property prior to judgment; definitions
12 A. When the governing authority cannot amicably acquire property needed
13 by the city of Lafayette and the parish of Lafayette for the Kaliste Saloom Road
14 Widening Project or for the construction, repair, or enhancement of drainage,
15 roads, or bridges, it may acquire the same by expropriation and may acquire the
16 property prior to judgment in the trial court fixing the amount of compensation due
17 to the owner of the property.
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 497
SLS 18RS-196 ORIGINAL
1 * * *
2 D. As used in this Part, the term "property" means any portion of immovable
3 property, including servitudes, rights-of-way, and other rights in or to immovable
4 property; the term "governing authority" means the city of Lafayette and parish of
5 Lafayette; and the term "project" means the Kaliste Saloom Road Widening Project
6 or the construction, repair, or enhancement of drainage, roads, or bridges.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michael Bell.
DIGEST
SB 497 Original 2018 Regular Session Cortez
Present law authorizes the city of Lafayette and the parish of Lafayette to expropriate by a
declaration of taking property needed for the Kaliste Saloom Road Widening Project.
Present law provides for all of the following:
(1)The governing authority shall give, at least, a 15-day notice to the property owner
before filing a petition for expropriation.
(2)The governing authority shall file a petition, which includes an itemized statement
of the full extent of the owner's loss.
(3)The court shall issue an order directing that the amount of the estimate be deposited
in the registry of the court and declare that the property has been taken for the public
purpose.
(4)Title to the property shall vest in the governing authority upon final court order, and
the right to just and adequate compensation shall vest in the former property owner.
(5)Upon vesting of title the governing authority may take possession of the property.
(6)The former property owner may apply for a trial to determine the measure of
compensation to which he is entitled by filing an answer within one year from the
date he is notified in writing by the governing authority of the expropriation.
Present law defines "property", "governing authority", and "project".
Proposed law retains present law and authorizes the expropriation by a declaration of taking
property needed for the construction, repair, or enhancement of drainage, roads, or bridges
by the city of Lafayette and the parish of Lafayette.
Effective August 1, 2018.
(Amends R.S. 19:139(A) and (D))
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.