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 414 Original 2021 Regular Session St. Blanc
Abstract: Grants parishes and municipalities certain powers with respect to the removal and
disposition of junk and junked vehicles.
Present law authorizes parish and municipal governing authorities to enact ordinances regulating or
prohibiting the storing or abandoning of junk, wrecked or used automobiles or motor vehicles, or
other junk, discarded or abandoned major appliances, such as refrigerators, freezers, ranges, or
machinery or other metal, tin, or other discarded items.
Proposed law instead authorizes parish and municipal governing authorities to enact ordinances
regulating or prohibiting the storing or abandoning of junk or junked vehicles. Defines "junk" to
mean discarded or abandoned major appliances, metal, tin, or other discarded items. Defines
"junked vehicle" to mean a motor vehicle, aircraft, or watercraft, that has a fair market value equal
to its salvage value and meets certain requirements, including being at least three years old, wrecked
or extensively damaged, and inoperable due to mechanical failure.
Present law relative to junk motor vehicles, requires that a parish or municipal ordinance provide for
the removal and disposition of the vehicles after notice is either placed on the vehicle itself or given
to the owner. Provides that if a vehicle remains on public or private property after notice is given,
the vehicle is considered public property and must be disposed of by the parish or municipality as
the governing authority may designate.
Present law relative to other abandoned property, requires that the notice be given to the owner of
the lot or parcel of ground upon which the junk material is located. Provides that the cost of removal
constitutes a special lien collectible in the same manner as special assessments are collectible by law.
Present law relative to the removal of abandoned junk, provides for the collection of costs from the
owner of the material, not to exceed $200. Authorizes the parish or municipality to require the
property owner to enclose the property with fencing.
Proposed law removes present law and instead requires that a parish or municipal ordinance
authorize the removal of junk and junked vehicles 15 days after notice is given to the owner of the
property upon which the junk or junked vehicle is located. Requires the parish or municipality to
give notice, by registered mail or served on the property owner, by domiciliary or personal service,
by a representative of the parish or municipality, of its intent to remove such items.
Proposed law requires a parish or municipality to dispose of junk or junked vehicles in a manner designated by its governing authority. Provides that the costs incurred for the removal or disposition
of any junk or junked vehicles will be a charge on the property owner which constitutes a special lien
on his property collectible in the same manner as special assessments are collectible by law.
(Amends R.S. 33:4876)