Louisiana Revised Statutes 19:138 – City of Pineville; Susek Drive Project; acquisition of property prior to judgment; definitions
Terms Used In Louisiana Revised Statutes 19:138
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- property: means any portion of immovable property, including servitudes, rights of way, and other rights in or to immovable property; the term "governing authority" means the governing authority of the city of Pineville; and the term "project" means the Susek Drive Project. See Louisiana Revised Statutes 19:138
- 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 of the city of Pineville cannot amicably acquire property needed for its Susek Drive 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. A copy of this Part 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.
D. As used in this Part, the term “property” means any portion of immovable property, including servitudes, rights of way, and other rights in or to immovable property; the term “governing authority” means the governing authority of the city of Pineville; and the term “project” means the Susek Drive Project.
Acts 2004, No. 59, §1, eff. May 28, 2004.