Louisiana 2012 Regular Session

Louisiana House Bill HB274

Introduced
3/12/12  
Refer
3/12/12  
Report Pass
4/3/12  
Engrossed
4/12/12  
Refer
4/16/12  
Report Pass
5/8/12  
Enrolled
6/4/12  
Chaptered
6/11/12  

Caption

Provides relative to expropriation

Impact

The bill is set to create significant impact on state laws governing property expropriation. By streamlining the procedures and ensuring that property owners are adequately informed about the expropriation process, HB 274 aims at reducing disputes and potential litigation related to property acquisitions. Furthermore, it specifies requirements for compensatory measures, including how compensation is determined, and introduces provisions for awarding attorney fees in cases where expropriation actions are deemed unjustified or abandoned. These changes are expected to provide a fairer framework for property owners and reduce instances of perceived governmental overreach.

Summary

House Bill 274 is a legislative effort aimed at reforming the expropriation process within the state of Louisiana. The bill modifies several existing statutes to better outline the procedures and requirements for when property is sought to be acquired through expropriation. Crucially, it emphasizes the necessity for expropriating authorities to attempt good faith negotiations with property owners prior to initiating formal expropriation proceedings, thereby enhancing transparency and accountability in the process. Additionally, it establishes clearer guidelines on the notice and communication that must occur between the expropriating authority and property owners, detailing what information must be provided ahead of legal actions.

Sentiment

The sentiment surrounding HB 274 has been largely positive among legislators who support property rights and improved governance in expropriation cases. Many advocates argue that the bill protects the rights of citizens and provides them with more oversight over the expropriation process. However, there are concerns among some opposition voices that the amendments may create delays in essential public projects requiring expropriation and could impose additional burdens on governmental agencies involved in infrastructure development.

Contention

Notable points of contention surrounding HB 274 stem from the balance it seeks to achieve between public utility needs and private property rights. While supporters celebrate the enhancements it provides to property owners, critics raise alarms that the more stringent requirements for compensation and procedural clarity could hinder the timely acquisition of land necessary for public development projects. The debate emphasizes the ongoing struggle to find equilibrium between facilitating public interests and ensuring that private property rights are not unduly infringed upon using governmental powers.

Companion Bills

No companion bills found.

Similar Bills

LA HB313

Provides for disclosure of information to property owners whose property is subject to expropriation

LA SB703

Authorizes the parish of Ascension to expropriate certain property. (8/1/12)

LA SB424

Authorizes the city of Central to expropriate property by declaration for the purpose of maintaining and improving drainage. (gov sig)

LA SB85

Authorizes the St. Mary Parish Council to expropriate by a declaration of taking. (gov sig)

LA HB650

Authorizes the city of Monroe to expropriate property by declaration

LA SB208

Provides relative to attorney fees, court costs and expenses for unsuccessful or abandoned expropriation suits. (gov sig) (EN SEE FISC NOTE GF EX See Note)

LA HB657

Provides relative to property expropriated for the purpose of placing pipelines