TATE, Justice.
Under our supervisory jurisdiction, writs were granted in these companion expropriation suits to review judgments of the trial court holding Act 107 of 1954 (LSA-R.S. 48:441-460) unconstitutional and enjoining the State Department of Highways from taking possession of certain property
of defendant-respondents sought herein to he expropriated for highway purposes.
Act 107 of 1954 permits ex parte expropriations and immediate possession by the State for highway purposes upon deposit of estimated adequate compensation for the taking in the registry of the court, at the same time preserving the property owner’s subsequent right to contest in court the amount of compensation for and the public purpose of the taking.
The statute was enacted pursuant to the authority granted to the Legislature by Article VI, Section 19.1 of the Louisiana Constitution (Act 548 of 1948, ratified by the people November 2, 1948), LSA, which in full provides:
“The Legislature shall have authority to authorize the taking of property for highway purposes by orders rendered ex parte in expropriation suits prior to judgment therein provided that provision be made for deposit before such taking with a court officer for the amount of appraisals of the property so taken and damages to which the owner thereof may be entitled, if any, which appraisals may be made in such manner as may be provided by law either before or after institution of suit, and need not be by judicially appointed appraisers.”
We cannot agree with defendants’ contention that the constitutional provision grants
the Legislature power to
authorize only such ex parte expropriation orders as are to be issued at the discretion of the trial court. The legislative requirement that the trial court
“shall
issue an order” of expropriation upon the Department’s compliance with the statutory prerequisites
does not exceed the authority conferred by the constitutional provision to the Legislature “to authorize the taking of property for highway purposes by orders rendered ex parte in expropriation suits prior to judgment therein.”
The respondent property owners further contend that Act 107 of 1954 violates various provisions of our State Constitution requiring due process and. prior compensation before a taking for a public purpose (Art. ■ I, Secs. 2,
6;
Art. IV, Sec. 15
) and requiring a separation of powers between the judiciary and other branches of our State Government (Art. II, Secs. 1,
2;
Art. VII, Sec. 3
), basing this argument upon the rules of construction that seemingly inconsistent constitutional provisions should be harmonized wherever possible and that repeal of prior constitutional provisions by implication are not favored.
The contention cannot be sustained that the Act should be held violative
of State constitutional provisions adopted before the amendment of our Constitution by Article VI, Section 19.1, for the statute under consideration was enacted pursuant to and within the bounds of the constitutional authorization granted to the legislature by the amendment of the Constitution by Section 19.1. The earlier State constitutional provisions must yield to the subsequently enacted Article VI, Section 19.1, to the extent that they are in conflict therewith. State ex rel. Kemp v. City of Baton Rouge, 215 La. 315, 40 So.2d 477. As stated at 11 Am.Jur. “Constitutional Law”, Section 54, pp. 663-4, a constitutional amendment “cannot be questioned on the ground that it conflicts with pre-existing provisions. If there is a real inconsistency, the amendment must prevail because it is the latest expression of the will of the people. In such a case there is no room for the application of the rule as to harmonizing inconsistent provisions.” See also, 16 C.J.S. Constitutional Law § 26.
Further, the constitutional provision specially authorizing ex parte expropriations prior to judgment necessarily controls in the event of any conflict between it and general State constitutional provisions pertaining to due process and separation of powers, for a special provision prevails in respect of its subject matter over general provisions in conflict therewith. State ex rel. Kemp v. City of Baton Rouge, 215 La. 315, 40 So.2d 477; Berteau v. Police Jury,, 214 La. 1003, 39 So.2d 594; 16 C.J.S. Constitutional Law § 25; 11 Am.Jur. “Constitutional Law” Section 53 at p. 663.
Before the adoption of Article VI, Section 19.1, taking of property before judgment, De Bouchel v. Louisiana Highway Commission, 172 La. 908, 135 So. 914, or without notice and an opportunity to be heard, Charles Tolmas, Inc., v. Police Jury, 231 La. 1, 90 So.2d 65, were indeed (as respondents argue) held violative of the State constitutional provisions relied upon by respondents. Likewise, any attempt to expropriate property in such summary manner may be violative of the cited constitutional provisions if done otherwise than pursuant to a statutory enactment thus expressly authorized by Article VI, Section 19.1. Williams v. Department of Highways, La.App., 1 Cir., 92 So.2d 98, writs of certiorari and review denied.
But the evident purpose of Article VI, Section 19.1, was to authorize such ex parte takings prior to judgment formerly and otherwise prohibited by the State constitutional provisions now relied upon by the respondent property owners herein. This governing constitutional enactment, of course, overrides within its scope earlier expressions and holdings cited to the effect that the necessity of the taking is a matter for judicial determination. Cf. City of
Westwego v. Marrero Land & Imp. Ass’n, 221 La. 564, 59 So.2d 885. Similarly, cases cited by respondents which held unconstitional legislation mandatorily requiring courts to issue ex parte orders or to perform ministerial duties, Mongogna v. O’Dwyer, 204 La. 1030, 16 So.2d 829, 152 A.L.R. 162; In re Interstate Trust & Banking Co., 204 La. 323, 15 So.2d 369, did not (even if not otherwise distinguishable) concern legislation enacted pursuant to a specific grant of constitutional power such as was the present.
Respondents’ final contention is that Act 107 of 1954 offends federal due process requirements.
This argument has little merit. As the United States Supreme Court stated in Bragg v. Weaver, 251 U.S. 57, 40 S.Ct. 62, 64 L.Ed.
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TATE, Justice.
Under our supervisory jurisdiction, writs were granted in these companion expropriation suits to review judgments of the trial court holding Act 107 of 1954 (LSA-R.S. 48:441-460) unconstitutional and enjoining the State Department of Highways from taking possession of certain property
of defendant-respondents sought herein to he expropriated for highway purposes.
Act 107 of 1954 permits ex parte expropriations and immediate possession by the State for highway purposes upon deposit of estimated adequate compensation for the taking in the registry of the court, at the same time preserving the property owner’s subsequent right to contest in court the amount of compensation for and the public purpose of the taking.
The statute was enacted pursuant to the authority granted to the Legislature by Article VI, Section 19.1 of the Louisiana Constitution (Act 548 of 1948, ratified by the people November 2, 1948), LSA, which in full provides:
“The Legislature shall have authority to authorize the taking of property for highway purposes by orders rendered ex parte in expropriation suits prior to judgment therein provided that provision be made for deposit before such taking with a court officer for the amount of appraisals of the property so taken and damages to which the owner thereof may be entitled, if any, which appraisals may be made in such manner as may be provided by law either before or after institution of suit, and need not be by judicially appointed appraisers.”
We cannot agree with defendants’ contention that the constitutional provision grants
the Legislature power to
authorize only such ex parte expropriation orders as are to be issued at the discretion of the trial court. The legislative requirement that the trial court
“shall
issue an order” of expropriation upon the Department’s compliance with the statutory prerequisites
does not exceed the authority conferred by the constitutional provision to the Legislature “to authorize the taking of property for highway purposes by orders rendered ex parte in expropriation suits prior to judgment therein.”
The respondent property owners further contend that Act 107 of 1954 violates various provisions of our State Constitution requiring due process and. prior compensation before a taking for a public purpose (Art. ■ I, Secs. 2,
6;
Art. IV, Sec. 15
) and requiring a separation of powers between the judiciary and other branches of our State Government (Art. II, Secs. 1,
2;
Art. VII, Sec. 3
), basing this argument upon the rules of construction that seemingly inconsistent constitutional provisions should be harmonized wherever possible and that repeal of prior constitutional provisions by implication are not favored.
The contention cannot be sustained that the Act should be held violative
of State constitutional provisions adopted before the amendment of our Constitution by Article VI, Section 19.1, for the statute under consideration was enacted pursuant to and within the bounds of the constitutional authorization granted to the legislature by the amendment of the Constitution by Section 19.1. The earlier State constitutional provisions must yield to the subsequently enacted Article VI, Section 19.1, to the extent that they are in conflict therewith. State ex rel. Kemp v. City of Baton Rouge, 215 La. 315, 40 So.2d 477. As stated at 11 Am.Jur. “Constitutional Law”, Section 54, pp. 663-4, a constitutional amendment “cannot be questioned on the ground that it conflicts with pre-existing provisions. If there is a real inconsistency, the amendment must prevail because it is the latest expression of the will of the people. In such a case there is no room for the application of the rule as to harmonizing inconsistent provisions.” See also, 16 C.J.S. Constitutional Law § 26.
Further, the constitutional provision specially authorizing ex parte expropriations prior to judgment necessarily controls in the event of any conflict between it and general State constitutional provisions pertaining to due process and separation of powers, for a special provision prevails in respect of its subject matter over general provisions in conflict therewith. State ex rel. Kemp v. City of Baton Rouge, 215 La. 315, 40 So.2d 477; Berteau v. Police Jury,, 214 La. 1003, 39 So.2d 594; 16 C.J.S. Constitutional Law § 25; 11 Am.Jur. “Constitutional Law” Section 53 at p. 663.
Before the adoption of Article VI, Section 19.1, taking of property before judgment, De Bouchel v. Louisiana Highway Commission, 172 La. 908, 135 So. 914, or without notice and an opportunity to be heard, Charles Tolmas, Inc., v. Police Jury, 231 La. 1, 90 So.2d 65, were indeed (as respondents argue) held violative of the State constitutional provisions relied upon by respondents. Likewise, any attempt to expropriate property in such summary manner may be violative of the cited constitutional provisions if done otherwise than pursuant to a statutory enactment thus expressly authorized by Article VI, Section 19.1. Williams v. Department of Highways, La.App., 1 Cir., 92 So.2d 98, writs of certiorari and review denied.
But the evident purpose of Article VI, Section 19.1, was to authorize such ex parte takings prior to judgment formerly and otherwise prohibited by the State constitutional provisions now relied upon by the respondent property owners herein. This governing constitutional enactment, of course, overrides within its scope earlier expressions and holdings cited to the effect that the necessity of the taking is a matter for judicial determination. Cf. City of
Westwego v. Marrero Land & Imp. Ass’n, 221 La. 564, 59 So.2d 885. Similarly, cases cited by respondents which held unconstitional legislation mandatorily requiring courts to issue ex parte orders or to perform ministerial duties, Mongogna v. O’Dwyer, 204 La. 1030, 16 So.2d 829, 152 A.L.R. 162; In re Interstate Trust & Banking Co., 204 La. 323, 15 So.2d 369, did not (even if not otherwise distinguishable) concern legislation enacted pursuant to a specific grant of constitutional power such as was the present.
Respondents’ final contention is that Act 107 of 1954 offends federal due process requirements.
This argument has little merit. As the United States Supreme Court stated in Bragg v. Weaver, 251 U.S. 57, 40 S.Ct. 62, 64 L.Ed. 135, in upholding a State enactment similarly to the present Louisiana statute permitting an ex parte taking with immediate possession for highway purposes without any hearing whatsoever provided as to the necessity of the taking although with an eventual full judicial hearing (if desired) upon the property owner’s claim for compensation, 251 U.S. 58-59, 62, 40 S.Ct. 63:
“Where the intended use is public, the necessity and expediency of the taking may be determined by such agency and in such mode as the state may designate. They are legislative questions, no matter who may be charged with their decision, and a hearing thereon is not essential to due process in the sense of the Fourteenth Amendment. [Citations omitted]
“But it is essential to due process that the mode of determining the compensation be such as to afford the owner an opportunity to be heard. Among several admissible modes. is that of causing the amount to be assessed by viewers, subject to an appeal to a court, carrying with it a right to have the matter determined upon a full trial. [Citations omitted] And where this mode is adopted due process does not require that a hearing before the viewers be afforded, but is satisfied by the full hearing that may be obtained by exercising the right to appeal. [Citations omitted]
* * * * * *
“ * * * [I]t is settled by the decisions of this court that where adequate provision is made for the certain payment of the compensation without unreasonable delay, the taking does not contravene due process of law in the sense of the Fourteenth Amendment merely because it precedes the ascer
tainment of what compensation is just.
[Citations omitted]”
See also: State of Georgia v. City of Chattanooga, 264 U.S. 472, 44 S.Ct. 369, 68 L.Ed. 796; Rindge Company v. Los Angeles County, 262 U.S. 700, 43 S.Ct. 689, 67 L.Ed. 1186.
Likewise, the constitutionality of the federal Declaration of Taking Act,
upon which Louisiana Act 107 of 1954 is closely patterned, has been upheld as against similar contentions that the ex parte taking without a prior opportunity to be heard offended due process. City of Oakland v. United States, 9 Cir., 124 F.2d 959, certiorari denied 316 U.S. 679, 62 S.Ct. 1106, 86 L.Ed. 1753.
We, therefore, hold that Act 107 of 1954 is valid and constitutional insofar as it applies to the present proceedings.
For the reasons assigned, the judgments of the District Court enjoining the Department of Highways from taking possession of the property expropriated are annulled and set aside, and these cases are remanded to the trial court for further proceedings according to law and not inconsistent with the views herein expressed.
FOURNET, C. J., absent.