TITLE 19. EXPROPRIATION

PART I. GENERAL PROVISIONS

 

19:2.2  Expropriation by expropriating authorities referred to in R.S. 19:2

 

A. Before exercising the rights of expropriation provided by R.S. 19:2, any expropriating authority referred to in R.S. 19:2 shall comply with the following:

 

(1) Provide the owner whose property is to be taken with the following information from its appraisal or evaluation as to the amount of compensation due the owner for the full extent of his loss:

 

(a) The name, address, and qualifications of the person or persons preparing the appraisal or evaluation.

 

(b) The amount of compensation estimated in the appraisal or evaluation.

 

(c) A description of the methodology used in the appraisal or evaluation.

 

(2) Offer to compensate the owner a specific amount not less than the lowest appraisal or evaluation.

 

B. In addition to the requirements of Subsection A of this Section, each expropriating authority other than the state or its political corporations or subdivisions shall, at least thirty days prior to the filing of a petition for expropriation, send a letter by certified mail, return receipt requested, to the owner at his last known address setting forth in detail or attaching the following:

 

(1) The basis on which the expropriating authority exercises its power.

 

(2) The purpose, terms, and conditions of the proposed acquisition.

 

(3) The compensation to be paid for the rights sought to be acquired.

 

(4) A complete copy of all appraisals of, or including, the subject property previously obtained by the expropriating authority.

 

(5) A plat of survey signed by a Louisiana licensed surveyor illustrating the proposed location and boundary of the proposed acquisition, and any temporary servitudes or work spaces.  If the expropriating authority is unable to obtain access to the property for formal surveying, a plat that fairly identifies the proposed boundary and servitudes may be utilized.

 

(6) A description and proposed location of any proposed above-ground facilities to be located on the property.

 

(7) A statement by the entity of considerations for the proposed route or area to be acquired.

 

C. Prior to exercising the rights of expropriation provided by R.S. 19:2, the state or any of its departments, offices, boards, commissions, agencies, or instrumentalities, except the Department of Transportation and Development, and except political subdivisions, but specifically including levee districts and their boards, shall, upon request of the owner whose property is to be taken, provide the owner with the results of tests by the Louisiana Geological Survey that show whether or not sand or gravel is present in the property.  The test shall be done at no cost to the property owner.

 

Added by Acts 1988, No. 636, § 1.  Amended by Acts 1991, No. 1030, § 1;  Acts 2012, No. 702, § 1.