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 385 Original 2021 Regular Session Beaullieu
Abstract: Provides for a privilege on certain movable property located on immovable property of
another and provides for enforcement of the privilege.
Proposed law defines "abandoned movable property", "manufactured home", and "movable
property".
Proposed law provides that the owner of immovable property shall have a privilege on any
abandoned movable property, including a manufactured home not exceeding $5,000 in value, placed
upon the immovable property pursuant to a lease agreement.
Proposed law provides that in the event of default by the lessee and abandonment of the movable
property, the owner of the immovable property may enforce judicially all of his rights under the lease
agreement.
Proposed law authorizes the owner to enforce his privilege for the debt due him, by following certain
procedures including removing and replacing any lock on the manufactured home and compiling a
brief description of the movable property, including the serial and vehicle identification numbers of
the manufactured home.
Proposed law provides for the content and delivery of notice in person by certified mail to the lessee
of the owner's intention to enforce his privilege, and requires that a copy of the notice shall also be
sent by certified mail to any known holder of any security interest in the manufactured home.
Proposed law provides that actual receipt of the notice shall not be required, and that within 14 days
after mailing of the notice, an advertisement of the sale of movable property shall be published on
at least one occasion in a newspaper of general circulation where the manufactured home is located,
and further provides for the content of the advertisement.
Proposed law provides that upon completion of the procedures established by proposed law, the
owner of the immovable property may file suit for possession or ownership of the movable property
pursuant to C.C.P. Art. 4912.
Proposed law requires that the owner of the immovable property shall attach to the petition evidence
of the lease agreement, copies of the notice and advertisement, and evidence that the movable
property is valued at less than $5000. If the serial or vehicle identification numbers are not known,
the owner of the immovable property shall attach evidence of a physical inspection of the vehicle by a Peace Officer Standards and Training (P.O.S.T.) certified law enforcement officer. Upon
finding that the owner of the immovable property has satisfied the requirements of proposed law,
the court shall authorize the sale of the movable property by the petitioner.
Proposed law provides that any sale or other disposition of the movable property shall be held at the
address of the immovable property where the manufactured home is located, and that the owner shall
sell the movable property to the highest bidder, if any.
Proposed law provides that if there are no bidders, the owner may purchase the movable property
for a price at least sufficient to satisfy his claim for lease payments due and all other charges, or he
may donate the movable property to charity.
Proposed law authorizes the lessee, prior to any sale or other disposition of movable property, to pay
the amount necessary to satisfy the privilege, including all reasonable expenses incurred in order to
redeem the movable property, and that upon receipt of such payment, the owner shall have no
liability to any person with respect to such movable property.
Proposed law provides that a purchaser in good faith of movable property sold by an owner to
enforce the privilege takes the property free of any claims or rights of persons against whom the
privilege was valid, despite noncompliance by the owner with the requirements of proposed law.
Proposed law provides that the owner may satisfy his privilege from the proceeds of the sale, but
requires the owner to hold the balance, if any, as a credit in the name of the lessee whose property
was sold. Further provides that the lessee may claim the balance of the proceeds within two years
of the date of sale and if unclaimed within the two-year period, the credit shall become the property
of the owner.
Proposed law provides that if the proceeds of the sale are insufficient to satisfy the owner's claim for
lease payments due and other charges, the owner may proceed by ordinary proceedings to collect the
balance owed.
Proposed law provides that after conclusion of the sale, the act of sale of the manufactured home
may be filed with the court, and a judgment recognizing the sale shall be rendered by the court and
recognized by the Dept. of Public Safety and Corrections pursuant to C.C.P. Art. 4912.
Present law provides that a justice of the peace court shall, within its territorial jurisdiction, have
jurisdiction, concurrent with the parish or district court, over suits for the possession or ownership
of movable property not exceeding $5,000 in value and over suits by landowners or lessors for the
eviction of occupants or tenants of leased residential premises, regardless of the amount of monthly
or yearly rent or the rent for the unexpired term of the lease.
Present law provides that a judgment of ownership of a vehicle ordered by a justice of the peace
court shall be recognized by the office of motor vehicles of the Dept. of Public Safety and
Corrections in accordance with the provisions of Chapter 4 of Title 32 of the Louisiana Revised
Statutes of 1950. Proposed law provides that the provisions of present law shall also be applicable to suits for
possession and ownership of a manufactured home not exceeding $5,000 in value, regardless of
whether the manufactured home is otherwise considered an immovable or if it has become attached
to an immovable to become a component part of that immovable.
(Adds R.S. 9:3259.3 and C.C.P. Art. 4912(A)(3))