HCR 61 — PROPERTY: Authorizes and directs the Louisiana State Law Institute to study the constitutional authority to expropriate property

HLSENROLLED 26RS-2511 REENGROSSED Regular Session HOUSE CONCURRENT RESOLUTION NO.

61 BY REPRESENTATIVE OWEN PROPERTY:A CONCURRENT RESOLUTION To authorize and direct the Louisiana State Law Institute to study the Louisiana Supreme Court decision in Plaquemines Port Harbor and Terminal Dist.

AuthorizesanddirectstheLouisianaLawInstitute to studytheconstitutional authority to expropriate property A CONCURRENT RESOLUTION To authorize and direct the Louisiana State Law Institute to study the Louisiana Supreme Court decision in Plaquemines Port Harbor and Terminal Dist.

3/6/26), holding that a public port authority's expropriation of private property for the purpose of leasingthatpropertyexclusivelyforaprivatecompany'spredominantuseisunconstitutional because the taking does not satisfysatisfythe the "public purpose" requirement of Article I, Section 4 of the Constitution of Louisiana;

and WHEREAS, in 2020, thelegislatureenactedActNo.61,whichfurtheramendedthe 2009 Act by refining definitions, procedures, and the exercise of eminent domain;

and Page 1 of 3 HLS 26RS-2511 REENGROSSED HCR NO.

61 ENROLLED WHEREAS, in 2024, the legislature enacted Act No.

and WHEREAS, ActNo.517ActNo.517ofthe2009RegularSessionandothersbetween2006and ofthe2009RegularSessionandothersbetween2006and the Plaquemines case have raised concerns that the statutes and the constitution may be in conflict;

THEREFORE, BE IT RESOLVED that the House of Representatives of the LegislatureofLouisiana,theSenateLegislatureofLouisiana,the Senate concurring, doesdoesherebydirecttheLouisianaStateLaw herebydirecttheLouisianaStateLaw Institute to conduct a comprehensive study of the Plaquemines Port Harbor and Terminal Dist.

BE IT FURTHER RESOLVED that the Louisiana State Law Institute shall submit a written report of its findings, conclusions, and anyrecommended legislation to the House Committee on Civil Law and Procedure and the Senate Committee on JudiciaryJudiciaryA A no later than February 1, 2027.

Page 2 of 3 HLS 26RS-2511 REENGROSSED HCR NO.

61 ENROLLED BE IT FURTHER RESOLVED that the Louisiana State Law Institute shall submit oneprintedcopyand oneelectroniccopyofanyreportproducedpursuanttothisoneelectroniccopyofanyreportproducedpursuanttothisResolution Resolution to the David R.

DIGESTSPEAKER ThedigestprintedbelowwaspreparedbyHouseLegislativeOF Services.THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE Page 3 of 3

It constitutes nopart of the legislative instrument.

The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent.

[R.S.

1:13(B) and 24:177(E)] HCR 61 Reengrossed 2026 Regular Session Owen Directs the La.

State Law Institute to studythe La.

Supreme Court decision in Plaquemines Port Harbor and Terminal Dist.

v.

Nguyen, No.

2025-C-00827 (La.

3/6/26), and its implications on the expropriation authorityprovided for in the Constitution of La.

and R.S.

19:2.

Requires the La.

State Law Institute to provide a written report of its findings to respective committees of the legislature no later than Feb.

1, 2027.

Summary of Amendments Adopted by House The House Floor Amendments to the engrossed bill:

1.

Expand the study to include general provisions regarding expropriation.

2.

Make technical changes.

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