§ 48:218 — Expropriation for highways; compensation and damages

Where it is necessary to acquire a right of way over, or the title to, private property in order to carry out the purposes of this Chapter and the owner thereof is unable to agree with the department as to the purchase price or charge therefor or is otherwise unwilling to transfer either the title to or the right of way over the property, the department may proceed to expropriate the property or the right of way thereover under the general expropriation laws of the state. The proceedings shall be brought in the name of the state and shall be tried as summarily as possible, either in term time or vacation.
In expropriating lands for rights of way, if any improvement of the landowner or any crops upon the land are damaged or destroyed by the location of the right of way, the owner may recover compensation, in addition to the compensation for the property or the right of way, for the actual injury to or destruction of the improvement or crop.

Legislative History

Amended by Acts 1977, No. 291, §1.