Louisiana § 34:3417 Contesting validity of proposed taking; waiver of defenses

Louisiana Statutes

§ 34:3417 — Contesting validity of proposed taking; waiver of defenses

Louisiana § 34:3417

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This text of Louisiana § 34:3417 (Contesting validity of proposed taking; waiver of defenses) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

La. Stat. Ann. § 34:3417 (2026).

Text

A.Any defendant desiring to contest the validity of the taking on the ground that the property taken for the river deepening project was not expropriated for a public purpose may file a motion to dismiss the suit within fifteen days after the date on which the notice was served on him. He shall certify thereon that a copy thereof has been served personally or by mail on either the plaintiff or its attorney of record in the suit. This motion shall be tried contradictorily with preference to the judge alone and shall be decided prior to fixing the case for trial on the compensation or damages due to the defendant.

B.Failure to file the motion within the time provided constitutes a waiver of all defenses to the suit except claims for compensation or damages. {{NOTE: SEE ACTS 1987, NO. 244,

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A. Any defendant desiring to contest the validity of the taking on the ground that the property taken for the river deepening project was not expropriated for a public purpose may file a motion to dismiss the suit within fifteen days after the date on which the notice was served on him. He shall certify thereon that a copy thereof has been served personally or by mail on either the plaintiff or its attorney of record in the suit. This motion shall be tried contradictorily with preference to the judge alone and shall be decided prior to fixing the case for trial on the compensation or damages due to the defendant.
B. Failure to file the motion within the time provided constitutes a waiver of all defenses to the suit except claims for compensation or damages.
{{NOTE: SEE ACTS 1987, NO. 244, §2.}}