ENROLLED
ACT No. 717
2024 Regular Session
HOUSE BILL NO. 650
BY REPRESENTATIVE FISHER
1 AN ACT
2 To enact Part XII of Title 19 of the Louisiana Revised Statutes of 1950, to be comprised of
3 R.S. 19:382 through 391, relative to expropriation of property; to authorize the city
4 of Monroe in Ouachita Parish to expropriate by a declaration of taking; to define
5 terms; to provide for procedures; to provide for purposes of the expropriation; to
6 provide for an effective date; and to provide for related matters.
7 Notice of intention to introduce this Act has been published
8 as provided by Article III, Section 13 of the Constitution of
9 Louisiana.
10 Be it enacted by the Legislature of Louisiana:
11 Section 1. Part XII of Title 19 of the Louisiana Revised Statutes of 1950, comprised
12 of R.S. 19:382 through 391, is hereby enacted to read as follows:
13 PART XII. EXPROPRIATION BY A DECLARATION OF TAKING
14 BY THE CITY OF MONROE
15 §382. Definitions
16 As used in this Part, the following terms shall mean:
17 (1) "Governing authority" means the city council for the city of Monroe.
18 (2) "Property" means any portion of immovable property, including corporeal
19 property, servitudes, rights-of-way, and other rights in or to immovable property
20 located within the corporate limits of the city of Monroe, but excluding all public
21 electrical utility infrastructure, whether movable or immovable, located on or within
22 such immovable property.
23 §383. Authority to expropriate property
24 A. When the city of Monroe cannot amicably acquire property needed for
25 a public purpose, including for a street, road, drainage, water, utility, sewerage,
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1 electric, capital, or any other public project, it may acquire such property by
2 expropriation and may acquire the property prior to judgment in the trial court fixing
3 the amount of compensation due to the property owner in the manner set forth in this
4 Part.
5 B. Except as otherwise provided in this Part, such expropriation shall be
6 conducted in the manner that the Department of Transportation and Development
7 may expropriate property for highway purposes, as set forth in R.S. 48:441 through
8 460.
9 §384. Contents of petition for expropriation; place of filing
10 The authority to expropriate granted by this Part shall be exercised in the
11 following manner:
12 (1) The city of Monroe shall file a petition in the Fourth Judicial District
13 Court.
14 (2) The petition shall contain a statement of the purpose for which the
15 property is to be expropriated, a description of the property to be expropriated, a
16 description of any improvements thereon, and the name of each owner shown on the
17 conveyance records for Ouachita Parish.
18 (3) The petition shall have annexed thereto the following:
19 (a) A certified copy of a resolution of the governing authority authorizing the
20 expropriation and declaring the public purpose authorized by this Part.
21 (b) If the taking includes a right-of-way, a certificate signed by the city
22 engineer or consulting engineer declaring that he has fixed the right-of-way in a
23 manner sufficient in his judgment to provide for the public interest, safety, and
24 convenience.
25 (c) A certificate signed by the director of public works and the city engineer
26 or consulting engineer declaring that the location and design of the proposed
27 improvements are in accordance with the best modern practices adopted in the
28 interest of the safety and convenience of the public.
29 (d) An itemized statement of the amount of money estimated to be the full
30 extent of the owner's loss for the taking or the damage, or both, as the case may be.
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1 It shall be signed by those who made the estimate, showing the capacity in which
2 they acted, and the date on which it was made.
3 §385. Ex parte order; vesting of title
4 A. Upon presentation of the petition, the court shall issue an order directing
5 the amount of the estimate be deposited in the registry of the court and declaring the
6 property described in the petition transferred to the city of Monroe at the time of
7 deposit. Upon the deposit of the estimate in the registry of the court for the benefit
8 of the property owners, the clerk of court shall issue a receipt showing the amount
9 deposited, the date of the deposit, suit caption, and the description of the property
10 contained in the petition.
11 B.(1) Upon the city of Monroe depositing the amount ordered by the court,
12 title to the property and property rights specified in the petition shall vest in the city
13 of Monroe, and the right to just and adequate compensation therefor shall vest in the
14 property owners. Upon vesting of title, the city of Monroe may enter upon and take
15 possession of the property if there are no inhabited improvements located upon the
16 expropriated property.
17 (2) If any inhabited improvement is located wholly or partially upon the
18 property expropriated, the court may postpone the right of entry for up to thirty
19 calendar days from the date on which the last defendant was served with the notice;
20 however, the city of Monroe may request the court to order possession surrendered
21 after a longer delay upon the court fixing a reasonable rental to be paid to the
22 governing authority by a defendant in possession of the property for each day the
23 defendant remains in possession after the withdrawal of any part of the deposited
24 funds.
25 §386. Notice to property owners
26 Upon receipt of the deposit, certified copies of the petition, order, and the
27 receipt for the deposit shall be served upon each property owner.
28 §387. Withdrawal of deposit
29 Upon the application of any property owner, and upon due notice to the city
30 of Monroe and all other property owners and lienholders, the court may order the
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1 money deposited, or any part thereof, be paid forthwith to the person entitled thereto
2 for or on account of the just and adequate compensation to be awarded in the
3 proceedings. The court shall order the payments of taxes, encumbrances, and other
4 charges out of the deposit.
5 §388. Contesting validity of taking; waiver of defenses
6 A. Any defendant may contest the validity of an expropriation on the
7 grounds the property was not expropriated for a public purpose or the petition and
8 attached exhibits do not comply with this Part by filing a motion to dismiss the
9 petition within twenty-one days after the date of service on the defendant. A copy
10 of the motion to dismiss shall be served on the plaintiff. The motion to dismiss shall
11 be tried contradictorily by the assigned judge, with preference to other civil
12 proceedings, and shall be decided prior to fixing the case for any trial on the
13 compensation or damages due the defendant.
14 B. Failure to file a motion to dismiss within the time provided or to serve a
15 copy thereof on the city of Monroe constitutes a waiver of all defenses to the
16 expropriation except claims for compensation or damages.
17 §389. Answer; delay for filing
18 A. Where an entire lot, parcel, block, or tract of land is expropriated, any
19 defendant may apply for a trial to determine the measure of compensation by:
20 (1) Filing an answer within thirty days from the date of service of the
21 petition setting forth the amount claimed, including:
22 (a) The claimed value of the property expropriated and the amount of
23 damages to the remainder of the property, if any.
24 (b) A reasonable itemization of the damages claimed, if any.
25 B. Where a portion of a lot, block, or tract of land is expropriated, any
26 defendant may apply for a trial to determine the measure of compensation by:
27 (1) Filing an answer within ninety days from the date of service of the
28 petition setting forth the amount claimed, including:
29 (a) The claimed value of the property expropriated and the amount claimed
30 as damages to the remainder of his property, if any.
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1 (b) A reasonable itemization of the damages claimed, if any.
2 §390. Fixing for trial; notice
3 After an answer is filed, if no motion to dismiss is filed pursuant to this Part,
4 either party may, upon ex parte motion, request that the matter be set for trial. The
5 court shall fix the time for the trial not more than sixty days after the filing of the ex
6 parte motion. The trial shall be conducted with preference to other civil proceedings,
7 and shall be decided expeditiously. Notice of trial shall be served on all parties at
8 least thirty days before the time fixed for the trial.
9 §391. Grant as additional authority
10 The right to take possession and title in advance of final judgment, provided
11 herein, is in addition to any right or authority conferred by the laws of this state
12 under which expropriation proceedings may be conducted by municipalities, and
13 shall not be construed as abrogating, eliminating, or modifying any such right or
14 authority.
15 Section 2. This Act shall become effective upon signature by the governor or, if not
16 signed by the governor, upon expiration of the time for bills to become law without signature
17 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
18 vetoed by the governor and subsequently approved by the legislature, this Act shall become
19 effective on the day following such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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