Louisiana Revised Statutes 43:201 – Judicial advertisements and legal notices; parishes outside parish of Orleans
Terms Used In Louisiana Revised Statutes 43:201
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Newspaper: means a publication that during each year of the five-year period prior to the first publication of any legal or official notice therein:
(i) Has been published at regular intervals of not less than weekly. See Louisiana Revised Statutes 43:200
- Office: means the newspaper's principal public business office and need not be the place at which the newspaper's printing presses are physically located. See Louisiana Revised Statutes 43:200
A. All parishes of the state, outside of the parish of Orleans, when advertisements or publication of notices are required to be made in relation to judicial proceedings, or in the sale of property under judicial process, or in any other legal proceedings of any kind, shall publish them in an English language newspaper published in an office physically located in the parish in which the proceedings are carried on. The newspaper shall be selected by the sheriff, constable, clerk, or other officer, as the case may be, who is charged with the conduct of the sale or proceeding. The official whose responsibility it is to select a newspaper shall make his selection in June of each year for a term of one year. If there is no newspaper published in the parish, all advertisements or notices shall be made by posting them at or near the front door of the courthouse, or the place used as such, and at two other public places in different parts of the parish.
B. The newspaper:
(1) Shall have been published in an office physically located in the parish in which the body is located for a period of five years preceding the selection.
(2) Shall not have missed during that period as many as three consecutive issues unless caused by fire, flood, strike, or natural disaster.
(3) Shall have maintained a general paid circulation in the parish in which the body is located for five consecutive years prior to the selection.
(4) Shall have been entered in a U.S. post office in that parish under a periodical permit in that parish for a period of five consecutive years prior to the selection.
C. The provisions of this Section relating to the five-year requirement shall not contravene any contract existing between any governing body and a newspaper on and prior to May 11, 1970; nor shall the five-year requirement herein be applied in assessing the qualifications of a newspaper which was in existence on May 11, 1970; nor shall any provision of this Chapter prohibit a publication being selected to publish judicial advertisements and legal notices in Jefferson Parish when the publication has actually published official proceedings within one year prior to June 1, 1986 of any municipal corporation, parish council, police jury, or school board within Jefferson Parish.
D.(1) In Jefferson Parish, no provision of this Chapter shall prohibit a weekly publication being selected to publish judicial advertisements and legal notices if the publication has maintained a public business office for at least five consecutive months in the parish prior to June 1, 2006, and maintained a total circulation of at least twenty-five thousand for at least three consecutive years immediately prior to being selected.
(2) Notwithstanding any provision of this Section, in Jefferson Parish a daily newspaper with a general paid circulation may be selected to publish judicial advertisements and legal notices if such newspaper has maintained a public business office in Orleans Parish for eight consecutive months prior to January 1, 2014.
(3) In Jefferson Parish, the total circulation of every publication or newspaper shall be proved not less than annually by an experienced publication auditing firm prior to the selection of the publication or newspaper under this Section. The audit shall reflect the circulation of the publication or newspaper by parish, and shall be submitted as an attachment to any proposal by a publication or newspaper to publish judicial advertisements and legal notices in Jefferson Parish.
E. Repealed by Acts 2014, No. 197, §2, eff. May 22, 2014.
Amended by Acts 1950, No. 289, §2; Acts 1970, No. 111, §1; Acts 1986, No. 378, §1, eff. July 2, 1986; Acts 1997, No. 422, §1; Acts 2009, No. 312, §1; Acts 2011, 1st Ex. Sess., No. 36, §1; Acts 2014, No. 197, §§1, 2, eff. May 22, 2014.