Louisiana Revised Statutes 19:378 – Contesting validity of taking; waiver of defenses
Terms Used In Louisiana Revised Statutes 19:378
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Governing authority: means the city council for the city of Central. See Louisiana Revised Statutes 19:371
- Property: means any portion of immovable property, including corporeal property, servitudes, rights-of-way, and other rights in or to immovable property located within the corporate limits of the city of Central. See Louisiana Revised Statutes 19:371
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
A. Any defendant may contest the validity of an expropriation on the grounds the property was not expropriated for an authorized purpose or the petition and attached exhibits do not comply with this Part by filing a motion to dismiss the petition within twenty days after the date of service on the defendant. The motion to dismiss shall be tried contradictorily by the assigned judge, with preference to other civil proceedings, and shall be decided prior to fixing the case for trial.
B. Failure to file a motion to dismiss within the time provided or to serve a copy thereof on the governing authority constitutes a waiver of all defenses to the expropriation except claims for compensation.
Acts 2020, No. 229, §1, eff. June 11, 2020.