RÉSUMÉ DIGEST
ACT 717 (HB 650) 2024 Regular Session Fisher
New law authorizes the city of Monroe to acquire immovable property through expropriation
by declaration of taking. New law provides as follows:
(1)The city shall file a petition in the Fourth Judicial District Court.
(2)The petition shall contain a statement of the purpose for which the property is to be
expropriated, a description of the property to be expropriated, a description of any
improvements, and the name of each owner shown on the conveyance records for
Ouachita Parish.
(3)The petition shall have certain items attached to it, including but not limited to the
following: a certified copy of a resolution of the governing authority authorizing the
expropriation and declaring the public purpose authorized by new law; a certificate
signed by the director of public works and the city engineer declaring that the
location and design of the proposed improvements are in the interest of the safety and
convenience of the public; an itemized statement of the amount of money estimated
to be the full extent of the owner's loss for the taking or the damage.
New law provides that upon presentation of the petition, the court shall issue an order
directing the amount of the estimate be deposited in the registry of the court and declaring
the property described in the petition transferred to the city at the time of deposit. New law
provides further with respect to the deposit.
New law provides that any defendant may contest the validity of an expropriation on the
grounds the property was not expropriated for a public purpose or the petition and attached
exhibits do not comply with new law by filing a motion to dismiss the petition within 21 days
after the date of service on the defendant. Requires that the motion to dismiss be decided
prior to fixing the case for trial. Provides that a failure to file a motion to dismiss within the
time provided or to serve a copy thereof on the city constitutes a waiver of all defenses to the
expropriation except claims for compensation.
New law provides that where an entire lot, parcel, block, or tract of land is expropriated, any
defendant may apply for a trial to determine the measure of compensation by filing an answer
within 30 days from the date of service of the petition setting forth the amount claimed,
including the claimed value of the property expropriated and the amount of damages to the
remainder of the property, if any, and a reasonable itemization of the damages claimed, if
any. New law also provides that where a portion of a lot, block, or tract of land is
expropriated, any defendant may apply for a trial to determine the measure of compensation
by filing an answer within 90 days from the date of service of the petition setting forth the
amount claimed, including the claimed value of the property expropriated and the amount
claimed as damages to the remainder of the property, if any, and a reasonable itemization of
the damages claimed, if any.
New law provides that after an answer is filed, if no motion to dismiss is filed, either party
may, upon ex parte motion, request that the matter be set for trial. Requires the court to fix
the time for trial not more than 60 days after the filing of the ex parte motion and further
requires that notice of trial be served on all parties at least 30 days before the time fixed for
trial.
Effective upon signature of governor (June 19, 2024).
(Adds R.S. 19:382-391)