Louisiana Revised Statutes 19:150 – Determining value where entire tract expropriated; jury demand
Terms Used In Louisiana Revised Statutes 19:150
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
A. Where an entire lot, block or tract of land is expropriated, any defendant may apply for a trial to determine the market value of the property expropriated, provided:
(1) He files an answer within thirty days from the date he is served with the notice required by La. Rev. Stat. 19:146.
(2) His answer sets forth the amount he claims.
(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.
B. If the defendant desires a trial by jury, he shall file his demand for a jury trial within thirty days from the date he is served with the notice required by La. Rev. Stat. 19:146. Failure to demand a jury within the time provided constitutes a waiver of the right to a jury trial.
C. Upon the filing of the answer, the court shall issue an order fixing the time of the trial of the suit. The clerk of court shall thereupon issue a notice to all parties who did not join in the answer of the time fixed for the trial. This notice shall be served at least twenty days before the time fixed for the trial and in the manner provided by law for the service of citations.
Added by Acts 1958, No. 204, §1; Acts 2014, No. 625, §1.
NOTE: See Acts 2014, No. 625, §2, relative to applicability.