Home/Louisiana/Statutes/Title 48: Roads, Bridges and Ferries/§ 48:447
Louisiana Statutes

§ 48:447 — Contesting validity of taking; waiver of defenses

Louisiana § 48:447
JurisdictionLouisiana
Title 48Roads, Bridges and Ferries

This text of Louisiana § 48:447 (Contesting validity of 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. § 48:447 (2026).

Text

A.Any defendant desiring to contest the validity of the taking on the ground that the property was not expropriated for a public purpose or on the ground that the petition and attached exhibits do not satisfy the provisions contained in R.S. 48:442 through 444 may file a motion to dismiss the suit within twenty 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 the plaintiff to the judge alone and shall be decided prior to fixing the case for trial.
B.Failure to file the motion within the time provided constitutes a waiver of all defenses to the suit except claims for compensation.

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Legislative History

Added by Acts 1954, No. 107, §1 eff. June 24, 1954; Amended by Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975; Acts 1988, No. 882, §1.

Nearby Sections

15
§ 48:421
§ 48:421
§ 48:422
Personal interest of members of legislature or officers of executive department in contracts; penalties
§ 48:423
Conspiracy to raise bids on contracts or supplies; penalty
§ 48:424
Use of unlicensed trucks on road building projects prohibited
§ 48:425
Purchasing, rules and regulations; intentional violation; penalty
§ 48:441
§ 48:441
§ 48:441.1
Authority to acquire and to expropriate prior to judgment; property needed for proposed Mississippi River bridge
§ 48:441.2
Authority to acquire and to expropriate prior to judgment; property needed for T.I.M.E. projects
§ 48:442
Contents of petition for expropriation; place of filing
§ 48:442.1
Contents of petition for expropriation; property needed for design-build projects; place of filing
§ 48:443
Appointment of estimators; restrictions in selection
§ 48:443.1
Minable minerals
§ 48:444
Prayer of petition; ex parte order of taking
§ 48:445
Vesting of title
§ 48:446
Notice to defendant
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Bluebook (online)
Louisiana § 48:447, Counsel Stack Legal Research, https://law.counselstack.com/statute/la/48%3A447.