Louisiana Revised Statutes 33:4720.59 – Blighted or abandoned property removal
Terms Used In Louisiana Revised Statutes 33:4720.59
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Bequest: Property gifted by will.
- Contract: A legal written agreement that becomes binding when signed.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Docket: A log containing brief entries of court proceedings.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
A. Notwithstanding any other provision of this Chapter, the New Orleans Redevelopment Authority shall have the power to acquire by purchase, gift, bequest, expropriation, negotiation, or otherwise any blighted property as defined in this Section, either within or outside a designated community improvement area and, further, to hold, clear, manage, and dispose of said property, all in accordance with the procedures set forth in this Section.
B. For the purposes of this Section, “blighted property” shall include those commercial or residential premises, including lots which have been declared vacant, uninhabitable, and hazardous by an administrative hearing officer acting pursuant to La. Rev. Stat. 13:2575 and 2576 or other applicable law) In determining whether any premises are vacant, uninhabitable, or hazardous, the hearing officer shall consider any or all of the following:
(1) Any premises which because of physical condition, or use or disuse thereof constitutes a threat to public health and safety.
(2) Any premises declared to be a public nuisance.
(3) Any premises declared to be a fire hazard.
(4) Any premises declared to be vermin-infested or lacking in facilities or equipment required by the housing code of the city of New Orleans.
C. The procedure for certification of blighted properties shall be as follows:
(1) Any municipal entity responsible for inspecting property and enforcing health, housing, fire, historic district, and environmental codes, which may include the Department of Safety and Permits, the New Orleans Division of Housing and Neighborhood Development, or any other entity designated by the local governing authority shall submit to the administrative hearing officer a list of those properties which are determined to be vacant, uninhabitable, and hazardous and which otherwise meet the criteria set forth in Subsection B of this Section for the determination of blight.
(2) The administrative hearing officer shall place each listed property on the administrative hearing docket and notify each property owner of the scheduled hearing by registered or certified mail at the address of the property owner as listed in the assessor’s office of the parish. If the notice is returned as undeliverable or as not accepted, notice shall be given in the official journal of the municipality. The notice shall include the property owner’s name, the property’s street address, and the date, time, and place of the hearing. The notice shall also state that the purpose of the hearing is to determine whether the property is blighted and eligible for expropriation by the authority. Notice by mail or publication shall be accomplished at least thirty days prior to the date of the hearing.
(3) On the date of the hearing, interested parties may present testimony before the hearing officer concerning the properties under consideration. After hearing all of the information and evidence presented, the hearing officer shall certify by order those properties which are determined to be blighted and shall authorize the authority to acquire said properties if the authority finds that such acquisition is necessary and feasible.
(4) On the date of the hearing, a member of the Department of Safety and Permits, the city planning commission, and the authority shall appear before the local governing authority and present testimony as requested concerning the properties under consideration.
(5) After hearing all of the information and evidence presented, the hearing officer shall certify by notice of judgment those properties which are determined to be blighted and shall authorize the authority to acquire said properties if the authority finds that such acquisition is necessary and feasible.
D.(1) In addition to the powers enumerated in Subsection A of this Section, the authority may, pursuant to delegation of authority by the City of New Orleans, acquire blighted or abandoned property by a declaration of taking in accordance with the procedures set forth in La. Rev. Stat. 19:136 et seq.
(2) For purposes of this Section, “abandoned property” means property that is vacant or not lawfully occupied. The terms “vacant” or “not lawfully occupied” shall include but shall not be limited to any premises which are not actually occupied by its owner, lessee, or other invitee or if occupied, without utilities, and which has been left unsecured or inadequately secured from unauthorized entry to the extent that the premises could be entered and utilized by vagrants or other uninvited persons as a place of harborage or any premises which by reason of dilapidation, deterioration, state of disrepair, or other such status is otherwise detrimental to or endangers the public safety, health, or welfare.
(3) Property which because of physical condition or use or disuse thereof is uninhabitable and for which ad valorem taxes are delinquent for three years or more shall be presumed to be abandoned. This presumption however is rebuttable.
E.(1) The authority shall begin immediately to procure purchasers for any properties acquired pursuant to this Section in order to facilitate the immediate transfer and development thereof.
(2) The authority may file an affidavit of lien and intent to expropriate together with a certified copy of the notice of judgment with the recorder of mortgages, and the same, when so filed and recorded, shall constitute and operate as a lien and privilege in favor of the authority and against the property in an amount sufficient to secure the authority’s administrative and legal expenses and costs of court. Notwithstanding the provisions of this Paragraph, the city of New Orleans shall have authority to waive any such liens it determines, in its sole discretion, appropriate in accordance with its lien waiver procedures as set forth by the mayor.
(3) Expropriation pursuant to this Section shall confer title to the property conveyed in the deed of sale free of all mortgages, liens, privileges, taxes, and encumbrances, provided that notice of such expropriation shall be sent at least thirty days prior to trial of the petition for expropriation by registered or certified mail, return receipt requested, by personal service, or by other means provided by law to all parties having a legally protected property interest in such property whose names and addresses can be reasonably ascertained. The proceeds from the expropriation of property pursuant to this Section shall be credited and applied against the most recent taxes, mortgages, and liens imposed pursuant to La. Rev. Stat. 33:1236, and paving and other local improvement assessments due on the property in accordance with the order of preference in La. Rev. Stat. 47:2190, and any funds remaining after full payment of all taxes, mortgages, liens, and assessments shall be distributed to creditors in accordance with the priorities of distribution set forth in Article 2377 of the Code of Civil Procedure. Any taxes, charges imposed pursuant to La. Rev. Stat. 33:1236, and paving or other local improvement assessments remaining past due and unpaid after the application of the expropriation proceeds shall remain the responsibility of the previous owner of the property.
(4) All actions to annul or invalidate judgments of expropriation entered pursuant hereto for any cause whatsoever shall be prescribed by the lapse of one year from the date of registry of such judgment in the conveyance office.
(5) All actions to annul or invalidate sales made pursuant hereto for any cause whatsoever, and all actions to subject the property to any mortgage which existed before the sale to the purchaser, shall be prescribed by the lapse of one year from the date of the registry in the conveyance office of the deed to the purchaser. This Paragraph shall not apply however to actions brought by the authority to rescind sales made pursuant hereto in the event the purchaser has failed to comply with the terms thereof.
(6) Prior to acquisition of any properties declared blighted and in accordance with procedures established by the authority, such authority shall offer technical or financial assistance as may be available for rehabilitation to the property owner.
(7) Except to the extent of any conflict with the provisions of this Section, property disposed of within a community improvement area shall be disposed of under a redevelopment contract in accordance with the provisions of La. Rev. Stat. 33:4720.60. Property disposed of outside a community improvement area shall be disposed of by deed in accordance with the provisions set forth in applicable law.
F. The authority may receive and utilize any federal, state, local, or other funds as may be appropriated or otherwise made available in order to effectuate the purposes of this Section.
Acts 2004, No. 349, §1; Acts 2005, No. 437, §1, eff. July 11, 2005; Acts 2008, No. 791, §1.