SLS 21RS-234 REENGROSSED
2021 Regular Session
SENATE BILL NO. 183
BY SENATOR ABRAHAM
BLIGHTED PROPERTY. Provides for the acquisition of blighted property in Lake Charles.
(8/1/21)
1 AN ACT
2 To amend and reenact the introductory paragraph of R.S. 9:5633.1(A), and to enact R.S.
3 9:5633.1(M) and (N), to provide relative to blighted property; to provide for
4 acquisition of blighted property in Lake Charles; to provide for the filing of certain
5 affidavits and judgments; to provide for notice requirements; and to provide for
6 related matters.
7 Notice of intention to introduce this Act has been published.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. The introductory paragraph of R.S. 9:5633.1(A) is hereby amended and
10 reenacted and R.S. 9:5633.1(M) and (N) are hereby enacted to read as follows:
11 ยง5633.1. Blighted property in certain municipalities; acquisitive prescription
12 A. In an incorporated municipality that is under a home rule charter, having
13 a population between six thousand six hundred fifty and seven thousand six hundred
14 fifty, according to the latest federal decennial census, or in the city of Lake
15 Charles, with the approval of the Lake Charles City Council, and upon
16 compliance with this Section and the applicable provisions of an ordinance
17 adopted pursuant to Subsection M of this Section, ownership of an immovable
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 183
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1 may be acquired by the prescription of three years without the need of just title or
2 possession in good faith. The requirements for the acquisitive prescription of three
3 years are as follows:
4 * * *
5 M. In addition to the notices and procedures provided in this Section, the
6 city of Lake Charles shall adopt additional notice requirements or other
7 conditions by city ordinance which must be met before allowing a possessor to
8 occupy and possess blighted property under the provisions of this Section. These
9 additional requirements may relate to the following matters, among any others
10 not prohibited by the Constitution of Louisiana:
11 (a) Notice of any hearing provided in this Section.
12 (b) Notice regarding any determination made in connection with the
13 hearing.
14 (c) The filing and recording of any document related to the hearing in the
15 mortgage or conveyance records of the parish.
16 N. In the city of Lake Charles, a possessor of an immovable seeking to
17 establish title to immovable property based on compliance with the
18 requirements set forth in this Section and in any applicable city ordinance, may
19 bring a possessory action pursuant to Code of Civil Procedure Art. 3655 or an
20 action pursuant to any other procedure allowed by Louisiana law, and to seek
21 a judgment confirming his ownership of the blighted property in accordance
22 with and to the full extent of the boundaries established by the record title of the
23 prior record owner. The court shall render a judgment declaring the possessor
24 to be the record owner of the property upon sufficient proof that the possessor
25 followed the procedures of this Section, in addition to other requirements
26 promulgated by the city of Lake Charles pursuant to Subsection M of this
27 Section if applicable.
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Coding: Words which are struck through are deletions from existing law;
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The original instrument was prepared by James Benton. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Carla S. Roberts.
DIGEST
SB 183 Reengrossed 2021 Regular Session Abraham
Present law provides that in an incorporated municipality that is under a home rule charter,
having a population between 6,650 and 7,650, according to the latest federal decennial
census, ownership of an immovable may be acquired by the prescription of three years
without the need of just title or possession in good faith.
Proposed law retains present law and extends these provisions to the city of Lake Charles,
with the approval of the City Council.
Proposed law provides that in Lake Charles in addition to the notices and procedures
provided in proposed law, the city of Lake Charles shall adopt additional notice requirements
or other conditions by city ordinance which must be met before allowing a possessor to
occupy and possess blighted property. These additional requirements may relate to the
following matters, among any others not prohibited by the constitution:
(1)Notice of any hearing.
(2)Notice regarding any determination made in connection with the hearing.
(3)The filing and recording of any document related to the hearing in the mortgage or
conveyance records of the parish.
Proposed law provides that a possessor of an immovable seeking to establish title to
immovable property based on compliance with the requirements set forth in proposed law
and in any applicable city ordinance, may bring a possessory action pursuant to present law,
and to seek a judgment confirming his ownership of the blighted property in accordance with
and to the full extent of the boundaries established by the record title of the prior record
owner. The court will render a judgment declaring such possessor to be the record owner of
the property upon sufficient proof that the possessor followed the procedures set forth in
present and proposed law and adopted by ordinance by the city.
Effective August 1, 2021.
(Amends R.S. 9:5633.1(A)(intro para); adds R.S. 9:5633.1(M) and (N))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Makes technical corrections.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.