Louisiana Revised Statutes 49:214.68 – Defendant’s answer; requirements; delay for filing
Terms Used In Louisiana Revised Statutes 49:214.68
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Department: means the Coastal Protection and Restoration Authority or its successor. See Louisiana Revised Statutes 49:214.61
- Property: means the servitude of use, easement or right-of-way over, through, along and across immovable property necessary to establish, maintain or operate a project for barrier island preservation, restoration, or creation for coastal wetlands purposes, including rights of ingress and egress to public or private areas on which such projects are being established, maintained or operated. See Louisiana Revised Statutes 49:214.61
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
When property is expropriated pursuant to this Part, any defendant may apply for a trial to determine the ownership of subsurface mineral rights to which he is entitled, if:
(1) He files an answer within one year from the date he is notified in writing by the department that it has finally accepted the project for which the property was expropriated. However, he may file his answer prior to the date he is notified by the department.
(2) His answer reasonably describes the areas to which he asserts ownership of the subsurface mineral rights.
(3) His answer has a certificate thereon showing that a copy thereof has been served personally or by mail on all parties to the suit who have not joined in the answer.
Acts 2004, No. 633, §1, eff. July 5, 2004.