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2024 Regular Session
SENATE BILL NO. 108
BY SENATOR SEABAUGH
EXPROPRIATION. Provides relative to expropriation. (8/1/24)
1 AN ACT
2 To amend and reenact R.S. 19:2(7), relative to expropriation; to provide for the generating,
3 transmitting, and distributing of electricity and steam by certain corporations and
4 other legal entities; to prohibit the expropriation of certain transmission lines; and
5 to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 19:2(7) is hereby amended and reenacted to read as follows:
8 ยง2. Expropriation by state or certain corporations, limited liability companies, or
9 other legal entities
10 Prior to filing an expropriation suit, an expropriating authority shall attempt
11 in good faith to reach an agreement as to compensation with the owner of the
12 property sought to be taken and comply with all of the requirements of R.S. 19:2.2.
13 If unable to reach an agreement with the owner as to compensation, any of the
14 following may expropriate needed property:
15 * * *
16 (7) Any domestic or foreign corporation, limited liability company, or other
17 legal entity created for the purpose of, or engaged in, generating, transmitting, and
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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. 108
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1 distributing or for transmitting or distributing electricity and steam for power,
2 lighting, heating, or other such uses; provided that, except as to a transmission or
3 generation project that is approved and included in a multi-state regional
4 transmission organization's or independent system operator's transmission
5 expansion plan or identified by such regional transmission organization or
6 independent system operator as necessary for the reliability of the electric
7 system or necessary for the interconnection of a generator, this Paragraph is not
8 applicable to, and no expropriation is authorized, whether for generating plants,
9 buildings, transmission lines, stations or substations, or other associated
10 facilities, unless a majority of the electricity or steam power to be generated,
11 transmitted, or distributed in connection with these intended facilities will be
12 delivered to end-users located within Louisiana. The generating plants, buildings,
13 transmission lines, stations, and substations expropriated or for which property was
14 expropriated shall be so located, constructed, operated, and maintained as not to be
15 dangerous to persons or property nor interfere with the use of the wires of other wire
16 using companies or, more than is necessary, with the convenience of the landowners.
17 * * *
The original instrument was prepared by Yoursheka Butler. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Hanna Gettys.
DIGEST
SB 108 Engrossed 2024 Regular Session Seabaugh
Present law provides expropriating authority to the state and its political subdivisions, and
certain corporations, limited liability companies, or other legal entities.
Present law authorizes domestic and foreign corporations, limited liability companies, or
other legal entities created for the purpose of generating, transmitting, and distributing
electricity and steam for power, lighting, heating, or other such uses to expropriate needed
property.
Proposed law retains present law and provides that except as to a transmission or generation
project that is approved and included in a multi-state regional transmission organization's
or independent system operator's transmission expansion plan or identified by such regional
transmission organization or independent system operator as necessary for the reliability of
the electric system or necessary for the interconnection of a generator, proposed law is not
applicable to, and no expropriation is authorized, whether for generating plants, buildings,
transmission lines, stations or substations, or associated facilities, unless at the time of the
expropriation a majority of the electricity or steam power to be generated, transmitted, or
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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. 108
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distributed is intended to be delivered to end-users located within Louisiana.
Effective August 1, 2024.
(Amends R.S. 19:2(7))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill
1. Clarifies present law that except as to a transmission or generation project
that is approved and included in a multi-state regional transmission
organization's or independent system operator's transmission expansion plan
or identified by such regional transmission organization or independent
system operator as necessary for the reliability of the electric system or
necessary for the interconnection of a generator.
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.