Louisiana Revised Statutes 19:134.1 – Authority to expropriate; acquisition of property for street, drainage, water, utility, or sewerage projects prior to judgment
Terms Used In Louisiana Revised Statutes 19:134.1
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- governing authority: means the governing authority of the parish of Calcasieu or the cities of Lake Charles or Sulphur. See Louisiana Revised Statutes 19:134
- property: means any portion of immovable property, including servitudes, rights-of-way, and other rights in or to immovable property, where there are no buildings or structures for support or shelter. See Louisiana Revised Statutes 19:134
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
A. When the governing authority cannot amicably acquire property needed by the parish of Calcasieu or the cities of Lake Charles or Sulphur for a street, drainage, water, utility, or sewerage project, it may acquire the same by expropriation and may acquire the property prior to judgment in the trial court fixing the amount of compensation due to the owner of the property.
B. At least fifteen days prior to filing a petition for expropriation, the governing authority must notify the owner or owners by certified mail, return receipt requested, of its intention to expropriate the property pursuant to this Part. The letter of notification must also inform the owner that if, within fifteen days after being served with the notice of suit, he does not object to the taking on the ground that it is not for a public purpose, he will waive all defenses to the taking except claims for compensation or damages. This notice provision must be enclosed with the letter of notification.
C. Except as otherwise provided in this Part, such expropriation by the governing authority shall be conducted in the manner that the Department of Transportation and Development may expropriate property for highway purposes, as set forth in La. Rev. Stat. 48:441 through 460.
Acts 1992, No. 702, §1; Acts 2010, No. 181, §1, eff. June 9, 2010; Acts 2023, No. 76, §1.