Louisiana § 19:392 Contesting validity of taking; waiver of defenses

Louisiana Statutes

§ 19:392 — Contesting validity of taking; waiver of defenses

Louisiana·Title 19 Corporations and Associations

§392. Contesting validity of taking; waiver of defenses

A.Any defendant may contest the validity of an expropriation on the grounds that the property was not expropriated for a public purpose or the petition and attached exhibits do not comply with this Part by filing a motion to dismiss the petition within twenty-one days after the date of service on the defendant. A copy of the motion to dismiss shall be served on the plaintiff. 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 any trial on the compensation or damages due the defendant.

B.Failure to file a motion to dismiss within the time provided or to serve a copy thereof on the city of Monroe constitutes a waiver

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§392. Contesting validity of taking; waiver of defenses
A. Any defendant may contest the validity of an expropriation on the grounds that
the property was not expropriated for a public purpose or the petition and attached exhibits
do not comply with this Part by filing a motion to dismiss the petition within twenty-one days
after the date of service on the defendant. A copy of the motion to dismiss shall be served
on the plaintiff. 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
any trial on the compensation or damages due the defendant.
B. Failure to file a motion to dismiss within the time provided or to serve a copy
thereof on the city of Monroe constitutes a waiver of all defenses to the expropriation except
claims for compensation or damages.

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