§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. Not more than
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§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. Not more than thirty days after making an offer to acquire an interest in property,
if no agreement has been reached with the property owner, each expropriating authority
identified in R.S. 19.2, other than the state or its political corporations or subdivisions, shall
provide to the property owner a notice that includes all of the following:
(1) A statement that the property owner is entitled to receive just compensation for
the property to be acquired to the fullest extent allowed by law.
(2) A statement that the property may be expropriated only by an authority
authorized by law to do so.
(3) A statement that the property owner is entitled to receive from the expropriating
authority a written appraisal or evaluation of the amount of compensation due.
(4) A statement identifying the website of the expropriating authority where the
property owner can read the expropriation statutes upon which the expropriating authority
relies or a copy of the expropriation statutes upon which the expropriating authority relies.
(5) A statement offering to provide upon request of the property owner a copy of the
expropriation statutes upon which the expropriating authority relies.
(6) A statement identifying an agency responsible for regulating the expropriating
authority, including the name, website, and telephone number of the agency.
(7) A statement that the property owner may hire an agent or attorney to negotiate
with the expropriating authority and an attorney to represent the property owner in any legal
proceedings involving the expropriation.
C. 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 servitude 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 servitude 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.
D. 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.