Louisiana § 19:378 Contesting validity of taking; waiver of defenses

Louisiana Statutes

§ 19:378 — Contesting validity of taking; waiver of defenses

Louisiana·Title 19 Corporations and Associations

§378. Contesting validity of taking; waiver of defenses

A.Any defendant may contest the validity of an expropriation on the grounds the property was not expropriated for an authorized purpose or the petition and attached exhibits do not comply with this Part by filing a motion to dismiss the petition within twenty days after the date of service on the defendant. The motion to dismiss shall be tried contradictorily by the assigned judge, with preference to other civil proceedings, and shall be decided prior to fixing the case for trial.

B.Failure to file a motion to dismiss within the time provided or to serve a copy thereof on the governing authority constitutes a waiver of all defenses to the expropriation except claims for compensation.

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§378. Contesting validity of taking; waiver of defenses
A. Any defendant may contest the validity of an expropriation on the grounds the
property was not expropriated for an authorized purpose or the petition and attached exhibits
do not comply with this Part by filing a motion to dismiss the petition within twenty days
after the date of service on the defendant. The motion to dismiss shall be tried
contradictorily by the assigned judge, with preference to other civil proceedings, and shall
be decided prior to fixing the case for trial.
B. Failure to file a motion to dismiss within the time provided or to serve a copy
thereof on the governing authority constitutes a waiver of all defenses to the expropriation
except claims for compensation.

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