Struck = removed from the bill ·
added = the amendment's new text.
HLSHCAHB841 26RS-7613209 ENGROSSED3815 HOUSE COMMITTEE AMENDMENTS Regular Session HOUSEAmendments BILLproposed NO.by House Committee on Natural Resources and Environment to Original House Bill No.
841 BYby REPRESENTATIVESRepresentative GEYMANN,Geymann BRAUD,AMENDMENT CARRIER,NO. COATES, DEWITT, DOMANGUE,TRAVISJOHNSON,KERNER,JACOBLANDRY,MCCORMICK, ORGERON, AND SAWYER PROPERTY/EXPROPRIATION:
Provides1 forOn expropriationpage procedures1, ANline ACT7, Toafter amend"taking;" and reenactbefore R.S."and" insert "to provide for penalties;" AMENDMENT NO.
30:1108(C)(1),2 On page 4, line 8, after "finds" and before "that" insert a comma "," and "afternotice and an opportunity to enactbe R.S.heard," AMENDMENT NO.
19:2.2(A)(1)(d)3 Onpage 4, line 10, after"issued," delete the remainderof thelineanddeletelines 11and12 in their entirety and R.S.insert the following:
30:4.4,"the andowner or operator shall be subject to repealthe R.S.penalties provided for in this Subsection.
30:1108(C)(2), relative to expropriation procedures;
to establish acodeofconductforownersandoperatorsissuedacertificategrantingexpropriation authority;
to provide for the powers of the secretary of the Department of Conservation and Energy;
to provide relative to appraisals;
to provide for penalties;
and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1.
R.S.
19:2.2(A)(1)(d) is herebyenacted to read as follows:
§2.2.
Expropriation by expropriating authorities referred to in R.S.
19:2 A.
Before exercising the rights of expropriation provided by R.S.
19:2, any expropriating authority referred to in R.S.
19:2 shall comply with the following:
(1) Provide the owner whose property is to be taken with the following information from its appraisal or evaluation as to the amount of compensation due the owner for the full extent of his loss:
* * * (d) A sworn statement that the appraiser is a disinterested third party with no monetary interest in any transaction related to the expropriation other than undertaking a fair and accurate appraisal of the landowner's property and receiving a reasonable fee for the appraiser's services.
* * * Page 1 of 6 CODING:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HLS 26RS-761 ENGROSSED HB NO.
841 Section 2.
R.S.
30:1108(C)(1) is hereby amended and reenacted and R.S.
30:4.4 is hereby enacted to read as follows:
§4.4.
Pipeline and other certificates;
code of conduct A.
Any pipeline or other owner or operator issued a certificate pursuant to this Subtitle that confers the right to expropriate property shall, in addition to any other legal requirements, comply with the following prior to exercising that right:
(1) Provide written notice to the landowner or landowners of the intent to acquire property or property rights.
This notice shall be sent to all such property owners whose addresses are known, unless those owners have jointly designated a representative to receive such communications.
The notice shall include:
(a) The name and contact information of the owner or operator.
(b) Identifying information regarding the certificate under which the owner or operator has been delegated expropriating authority.
(c) Contact information for the Department of Conservation and Energy.
(d) A clear statement of the owner or operator's interest in the property.
(e) A copyof the statutoryrequirements the certificate holder is required to comply with prior to initiating an expropriation proceeding.
(2) Provide the landowner or designated representative a reasonable opportunity to be present during any inspection of the property conducted for appraisalpurposes.
Regardlessofwhetherthelandownerorrepresentativeispresent during an inspection or appraisal, they shall be allowed the opportunity to provide information to the appraiser regarding the condition and features of the property, comparable rights of use on the subject property or nearby, and any other information the landowner may deem relevant for valuation purposes.
(3) Engage in good faith negotiations with the landowner or their representative as required by R.S.
19:2 et seq.
Such negotiations shall include no fewer than five in-person meetings or documented attempts to meet in person.
The in-personrequirementmaybesatisfiedwithotherformsofreal-timecommunication requested by the landowner.
In the course of such negotiations, the owner or Page 2 of 6 CODING:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HLS 26RS-761 ENGROSSED HB NO.
841 operator shall not threaten the imposition of attorneys fees or costs in connection with any expropriation proceeding.
(4) Submit a written offer to the landowner or their representative that includes:
(a) The amount offered as just compensation.
(b) A legal description of the property and the specific interest to be acquired.
(c) A list and description of any buildings or improvements located on the property to be affected bythe acquisition.
(5) Allowthelandownerortheirrepresentativeat leastfifteencalendardays from delivery of the written offer, or from the sender's receipt of notification of a failed attempt to deliver the written offer by United States certified mail or commercial courier, to respond with additional information or a counteroffer.
B.
Ifthe secretaryfinds, afternotice andanopportunityto beheard,thatany owner or operator has failed to comply with this Section or has otherwise misused or abused the authority delegated to them as an expropriating authority under a certificateissued,theowneroroperatorshallbesubjecttothepenaltiesprovidedfor in this Subsection.
Page(c) 3Penaltiescollectedbythedepartment for a violation of 6this CODING:Section shall be deposited into the Oil and Gas Regulatory Dedicated Fund Account pursuant to the provisions of R.S.
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HLS 26RS-761 ENGROSSED HB NO.
841 (c) Penaltiescollectedbythe department for a violation of this Sectionshall be deposited into the Oil and Gas Regulatory Dedicated Fund Account pursuant to the provisions of R.S.
(3) The department shall maintain on its website a list of persons found to have violated this Section.Section." Page 1 of 1 CODING:
* * * §1108.
Eminent domain;
expropriation * * * C.(1) Inaddition to therequirementsofParagraph(2)ofthisSubsectionand anyotherpowerofeminentdomainauthorizedbylaw,eminentTheeminentdomain authorityauthorizedunderthisChaptershallbeexercisedpursuanttotheprocedures foundin R.S.
19:2 etseq.
and R.S.
30:4.4.
Notwithstanding anylaw tothecontrary, expropriationhearingsconductedpursuanttothisChaptershallbeheardintheparish in which the property subject to the expropriation is situated.
* * * Section 3.
R.S.
30:1108(C)(2) is hereby repealed in its entirety.
DIGEST ThedigestprintedbelowwaspreparedbyHouseLegislative Services.
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)] HB 841 Engrossed 2026 Regular Session Geymann Abstract:
Establishes a code of conduct for pre-expropriation procedural requirements applicable to owners and operators issued a certificate bythe Dept.
of Conservation and Energy that confers expropriating authority, authorizes the secretaryto enforce the code of conduct, and establishes penalties for violations of the code of conduct.
Present law establishes the types of companies that may expropriate property and the procedures these expropriating authorities must follow prior to initiating an expropriation proceeding.
Proposed law retains present law.
Present law requires an expropriating authority to provide a property owner with specific information regarding the appraisal of their property.
Proposed law retains present law and adds a requirement that the expropriating authority provide the property owner with a sworn statement from the appraiser that they are a Page 4 of 6 CODING:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HLS 26RS-761 ENGROSSED HB NO.
841 rd disinterested 3 partywith no interest in the expropriation other than a professional interest and reasonable fees for their appraisal services.
Present law authorizes the Dept.
of Conservation and Energy to regulate energy-related industriesandauthorizesthesecretaryto issuecertificatesofconvenienceandnecessityand certificates of transportation which give the certificate holder the right to exercise eminent domain.
Proposed law retains present law.
Proposed law establishes a code of conduct for owners and operators who have been issued a certificate bythe secretarywhich confers the right to expropriate.
Proposed law requires that prior to initiating an expropriation proceeding, the certificate holder must provide written notice to the landowners that includes contact and identifying information of the certificate holder, department contact information, a copy of the legal requirementsthecertificateholdermustmeetpriortofilinganexpropriationsuit,andaclear statement of the certificate holder's interest in the property.
Proposed law requires that prior to initiating an expropriation proceeding, the certificate holder must allow the landowner to be present for appraisals and allow the landowner to provide the appraiser with any information the landowner believes is relevant to valuation, including comparable rights of way.
Proposed law requires that the certificate holder conduct or try to conduct at least five in- person meetings, or meetings via other means of communication if requested by the landowner.
Further provides that this proposed law is required to for satisfaction of the requirement to negotiate in good faith under present law.
Proposedlawprohibitstheuseofthreatsthatthepropertyownerwillhavetopaycourtcosts and attorneys fees in an expropriation proceeding during negotiations.
Proposedlawrequiresthatawrittenofferbemadetothelandownerthatincludestheamount offered, a legal description of the property interest to be acquired, and a description of any improvements on the property that would be affected.
Proposedlawrequiresthatalandownerbegivenatleast15daystorespondtoawrittenoffer and provides that the 15 days starts on the date the offer is delivered to the property owner orthedatethesenderreceivesnotificationofafailedattempttodelivertheofferbycertified mail of commercial courier.
Proposed law provides that a violation of the code of conduct or any other misuse or abuse of the expropriating authority delegated to them by the certificate will subject the violator to the following civil penalties after notice and an opportunityto be heard:
(1) Thesecretarymayrevokethecertificateunderwhichtheowneroroperatorisacting.
(2) The secretary must impose a fine of $1,000 for a first offense, $2,000 for a second offense, and $10,000 for a third or subsequent offense.
(3) The department must maintain a list of persons who have violated proposed law on their website.
Proposed law provides that the secretary may assess fines by written notice and that the collection of fines may be enforced by civil suit brought by the secretary or the attorney general.
Page 5 of 6 CODING:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HLS 26RS-761 ENGROSSED HB NO.
841 Proposedlawrequiresthatanyfinescollectedbythedept.bedepositedinto theOil andGas Regulatory Dedicated Fund Account.
Present law establishes pre-expropriation procedures applicable to carbon dioxide storage facility and pipelines operators.
Proposed law repeals present law and provides that the exercise of the right of eminent domainforcarbondioxidesequestrationpurposesissubjecttothecodeofconductcontained in proposed law.
(Amends R.S.
30:1108(C)(1), Adds R.S.
19:2.2(A)(1)(d) and R.S.
30:4.4, Repeals R.S.
30:1108(C)(2)) Summary of Amendments Adopted by House TheCommitteeAmendmentsProposedbyHouseCommittee onNaturalResourcesand Environment to the original bill:
1.
Make technical changes.
2.
Expand applicability of the code of conduct to all owners and operators issued a certificate by the Department of Conservation and Energy that conveys expropriating authority, rather than applying just to pipelines issued such a certificate.
3.
Remove provision regarding court costs in expropriation proceedings.
4.
Remove provisions creating procedures for contesting a proposed taking.
5.
Add a statement that an appraiser's interest in a transaction related to an expropriation can include reasonable fees for their appraisal services.
6.
Add to the code of conduct provisions a prohibition against threatening that a landowner will have to pay court costs and attorneys fees in an expropriation proceeding.
7.
Reduce the delay for a landowner to respond to a written offer from 30 days to days and establish that this delay is from either the date the written offer is delivered to the property owner or the date the sender receives notification of a failedattempttodeliverthewrittenofferbycertifiedmailorcommercialcourier.
8.
Repeal pre-expropriation procedural requirements that apply to specifically to carbon dioxide sequestration storage operators and pipelines and add language making these expropriations subject to the code of conduct in proposed law.
9.
Remove application of penalties under present law for a violation of the code of conduct.
10.
Add graduated civil fines for violations of the code of conduct and provide for how fines are assessed and collected and provide for the deposit of fines collected in the Oil and Gas Regulatory Dedicated Fund Account.
11.
AddprovisionrequiringtheDepartmentofConservationandEnergytomaintain a list of persons who have violated the code of conduct on their website.
Page 6 of 6 CODING: