§ 13:4716 — Release of property and discontinuance of action upon giving of bond;

Louisiana § 13:4716

• Jurisdiction: Louisiana
• Title 13: Courts and Judicial Procedure

Text

§4716. Release of property and discontinuance of action upon giving of bond;
violations
A. If, after an order of abatement has been entered, the owner appears
and pays all costs of the proceeding and files a bond with surety or sureties,
bond in solido, to be approved by the clerk, in an amount to be ascertained by
the court but said bond shall not exceed the sum of fifty thousand dollars,
conditioned that he will immediately abate the nuisance for a period of five
years thereafter, the court may, if satisfied of his good faith, order the release
of the premises so closed under the order of abatement. Such release shall not
affect any action against any person whatsoever.
B. If the bond is given and all costs therein are paid before judgment
and order of abatement, the action shall be thereby discontinued as to only the
premises.
C. In the event such bond is given and the premises released, each day
that the owner knowingly permits the premises or any part thereof to be used
for such prohibited activity during the term of the bond shall warrant a
forfeiture of one hundred dollars under the bond for each day on which the
premises are so used. Collection thereof shall be had by rule taken in the
original action against the principal and sureties thereon, or either of them, and
the release shall be revoked.
No forfeiture under the bond shall relieve the owner from any
prosecution for contempt, and the consequences thereof. The penalty under
the bond and the penalty for contempt shall be cumulative. The release of the
property under the provisions of this Section shall not release it from any
judgment, penalty, lien or liability to which it may be subject by law.

Legislative History

Acts 1977, No. 717, §2, eff. July 20, 1977. Amended by Acts 1980, No. 802, §1.