§ 19:375 — Ex parte order for deposit; vesting of title

§375. Ex parte order for deposit; vesting of title
A. Upon presentation of the petition, the court shall issue an order directing the
amount of the estimate be deposited in the registry of the court and declaring the property
described in the petition transferred to the governing authority for drainage maintenance or
improvements at the time of deposit. Upon the deposit of the estimate in the registry of the
court for the benefit of the property owners, the clerk of court shall issue a receipt showing
the amount deposited, the date of the deposit, suit caption, and the description of the property
described in the petition.
B.(1) Upon the governing authority depositing the amount ordered by the court, title
to the property specified in the petition shall vest in the governing authority, and the right to
just and adequate compensation therefor shall vest in the property owners. Upon vesting of
title, the governing authority may enter upon and take possession of the property if there are
no inhabited improvements located upon the expropriated property.
(2) If any inhabited improvement is located wholly or partially upon the property
expropriated, the court may postpone the right of entry for up to thirty calendar days from
the date on which the last defendant was served with the notice; however, the governing
authority may request the court to order possession surrendered after a longer delay upon the
court fixing a reasonable rental to be paid to the governing authority by a defendant in
possession of the property for each day the defendant remains in possession after the
withdrawal of any part of the deposited funds.

Legislative History

Acts 2020, No. 229, §1, eff. June 11, 2020.