§ 38:1627 — Petition for confirmation of report and expropriation of property; notice and citation

Louisiana § 38:1627

• Jurisdiction: Louisiana
• Title 38: Public Contracts, Works and Improvements

Text

Upon the filing of the report of the board of appraisers with the secretary of the board of commissioners of the drainage district, the board of commissioners, through its president shall file a petition in the district court of the parish of the domicile of the drainage district, and shall annex to the petition a copy of the report of the board of appraisers and a copy of the plan for reclamation and shall ask for the confirmation or modification of the report. In the same petition they shall sue for the expropriation of any and all property required for rights of way, levees, canals, holding basins, pumping plant sites, and other works contemplated in the plan for reclamation which have been valued in the report of the board of appraisers.
Immediately upon the filing of the suit in the district court, the clerk of court shall give notice thereof by causing publication of the notice to be made once a week for four consecutive weeks in a newspaper published in the drainage district; or if there is no newspaper published therein, then in a newspaper published in any parish in which any of the lands of the district are situated, or if there be no such newspaper, then in a newspaper published in an adjoining parish. Whenever publication is made in a newspaper published outside the boundaries of the drainage district, copies of the notice shall be posted on the principal front door of the court house of the district court of each parish in which any lands of the district are situated, and shall also be posted at not less than four other public places within the drainage district.
It shall not be necessary in the notice for the clerk of court to name the parties interested, but it shall be sufficient to say: "Notice of Filing of Suit to Confirm Appraisers' Report for _____ Drainage District.
Notice is hereby given to all persons interested in the lands embraced within ___________ Drainage District which drainage district is described as follows (Here describe boundary line of drainage district) that the appraisers heretofore appointed to assess benefits and damages to the property and lands situated in the drainage district (or sub-district as the case may be) and to appraise the cash value of the land necessary to be taken for rights of way, holding basins and other works of the district within or without the limits of the district, have filed their report, and that suit to confirm the same has been filed in this office on _____ day of ___________, 19___ under the No. _____, and you and each of you are hereby notified that you may examine the report and file exceptions or contests to all or any part thereof, or to the suit, as provided by law.
_____________________________
Clerk of the District Court of
__________ Parish, Louisiana."
The clerk of court shall also address to each property owner whose property is sought to be expropriated a citation under the seal of the court citing the property owner to appear in the court and show cause, if any, within fifteen days after service of the citation and a certified copy of the petition, why the prayer of the petition should not be granted. Service of the citation and petition shall be made on the property owners whose property is sought to be expropriated in the same manner as is now provided by law for service of citation in other suits.
In case the owner of any property sought to be expropriated is an absentee, or unknown, or is an interdict, minor unrepresented, or a vacant estate, then the citation shall be addressed to the owner through and served on a curator ad hoc appointed by the court having jurisdiction of the suit. The curator shall be an attorney at law practicing before the court.