Amendment vs bill House Floor Amendment, #4584, Wyble, Withdrawn vs Engrossed

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HLS 26RS-821 ENGROSSED Regular Session HOUSE BILL NO.
HFAHB284 4747 4584 FOR OFFICE USE ONLY HOUSE FLOOR AMENDMENTS Regular Session Amendments proposed by Representative Wyble to Engrossed House Bill No.
284 BY REPRESENTATIVE WYBLE PROPERTY/EXPROPRIATION:
284 by Representative Wyble AMENDMENT NO.
Authorizes certain parishes and municipalities to expropriate blighted property by declaration of taking AN ACT To enact Part XIIIof Title 19 of the Louisiana Revised Statutes of 1950, to be comprised of R.S.
1 On page 1, line 4, after "certain" and before "municipalities" delete "parish and" AMENDMENT NO.
19:396 through 396.12, relative to expropriation of property;
2 On page 1, line 11, delete "PARISHES AND" AMENDMENT NO.
to authorize certain parishes and municipalities to expropriate by a declaration of taking;
3 Onpage1,attheendofline12,change"FIFTYTHOUSAND"to"FIFTEENTHOUSAND" AMENDMENT NO.
to provide for definitions;
4 On page 1, line 16, after "which" and before "municipalities" delete "parishes and" AMENDMENT NO.
to provide for procedures;
5 On page 1, line 17, after "than" and before "thousand" change "fifty" to "fifteen" AMENDMENT NO.
to provide for purposes of the expropriation;
6 On page 2, delete lines 9 through 29 in their entiretyand delete page 3 in its entiretyand on page 4, delete lines 1 through 3 in their entirety and insert the following:
and to provide for related matters.
"(1) "Abandoned property" means property that is vacant or not lawfully occupied.
Be it enacted by the Legislature of Louisiana:
The term "vacant or not lawfullyoccupied" includes but is not limited to any premises which are not actually occupied by its owner, lessee, or other invitee orifoccupied,without utilities, and has been leftunsecuredorinadequatelysecured fromunauthorizedentrytotheextentthatthepremisescouldbeenteredandutilized byvagrantsorotheruninvitedpersonsasaplaceofharborageoranypremiseswhich by reason of dilapidation, deterioration, state of disrepair, or other such status is otherwise detrimental to or endangers the public safety, health, or welfare.
Section1.
(2) "Blighted property" means any commercial or residential premises, including a vacant lot, which has been declared vacant, uninhabitable, or hazardous byanadministrativehearingofficeractingpursuanttoR.S.13:2575and2576,orany other applicable law." AMENDMENT NO.
PartXIIIofTitle19oftheLouisianaRevisedStatutesof1950,comprised of R.S.
7 On page 4, at the end of line 4, delete "parish or" AMENDMENT NO.
19:396 through 396.12, is hereby enacted to read as follows:
8 On page 4, line 5, after "than" and before "thousand" change "fifty" to "fifteen" Page 1 of 2 CODING:
PART XIII.
EXPROPRIATION OF ABANDONED OR BLIGHTED PROPERTY BY A DECLARATION OF TAKING BY PARISHES AND MUNICIPALITIES WITH A POPULATION OF LESS THAN FIFTY THOUSAND §396.
Purpose In an effort to control the rising number of abandoned or blighted properties throughout the state and to slow urban blight, the Legislature of Louisiana finds it necessary to implement a mechanism by which parishes and municipalities with a population of less than fifty thousand are empowered to more readily obtain abandonedorblightedproperties.
TheprovisionsofthisPartserveapublicpurpose, protect the health, safety, and welfare of the public, and are intended to provide a means bywhich governing authorities mayrevitalize economicallydepressed areas Page 1 of 11 CODING:
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HFAHB284 4747 4584 AMENDMENT NO.
284 by placing abandoned or blighted properties back into the economic stream of commerce through the rehabilitation of the abandoned or blighted property.
9 On page 4, at the end of line 6, delete "parish or" AMENDMENT NO.
The procedure created bythis Part shall be in addition to anyother procedure authorized by law.
10 On page 5, line 8, after "least" and before "days" change "fifteen" to "forty-five" AMENDMENT NO.
§396.1.
11 On page 5, line 11, after "within" and before "days" change "fifteen" to "forty-five" AMENDMENT NO.
Definitions For thepurposesofthis Part,unlessthecontextclearlyotherwise requiresor unless otherwise defined in specific portions of this Part, the following words or phrases have the respective meanings:
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(1)(a) "Abandoned property" means any commercial or residential property that is vacant or not lawfully occupied.
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The terms "vacant" or "not lawfully occupied"havethesamemeaningsandcircumstancesdescribedinR.S.33:1236(49), 4720.59, and 4754 and include any or all of the following property conditions:
(i) Not actually occupied by the owner, lessee, or an authorized occupant.
(ii) Lacking customary utility service or has been left unsecured or inadequatelysecuredfromunauthorizedentrysuchthatthepremisesmaybeentered and utilized by vagrants or other uninvited persons as a place of harborage.
(iii) Deemeddetrimentaltoorendangersthepublicsafety,health,orwelfare by reason of dilapidation, deterioration, disrepair, neglect, damage, vacancy, abandonment, or other condition.
(iv) Determined to be unfit for human occupancy, unsafe structures, unlawful structures, structures containing unsafe equipment, or housing code violationsasthosetermsmaybedefinedbystatelaw,localordinances,orapplicable building, housing, fire, or health codes.
(v) Considered a public nuisance under state law, local ordinance, or applicable administrative or judicial determination.
(vi) Deemeduninhabitableorthatpresentsathreattopublichealthorsafety because of the physical condition, use, or disuse.
(b) Propertythat is uninhabitable and for which ad valorem taxes have been delinquentforthreeormoreyearsmaybepresumedto beabandoned.
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284 presumptionshallberebuttable.
Nothinginthisdefinitionshallbeconstruedtolimit the authority of a governing authority to determine abandonment under other applicable provisions of law.
(2)(a) "Blighted property" means any commercial or residential premises including buildings, structures, or vacant lots, which because of physical condition, use,orneglectaredetrimentaltothepublichealth,safety,morals,orwelfare,impair the economic stabilityofthesurroundingarea,orconstitute a blighting influenceon nearbyproperties.
Thetermincludesanyorallofthefollowingpropertyconditions:
(i) Has been declared vacant, uninhabitable, hazardous, or blighted by a court of competent jurisdiction, an administrative hearing officer acting pursuant to R.S.
13:2575 or 2576, or any other applicable law.
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(ii) Hasbeendeterminedto beapublicnuisance,firehazard,environmental hazard, or threat to public health or safetypursuant to state law or a local ordinance.
(iii) Containsorconstitutesanunsafestructure,unlawfulstructure,structure unfit for human occupancy, or structure containing unsafe equipment as defined by applicable state law, building codes, housing codes, fire codes, or local ordinances.
(iv)Isdilapidated,decayed,deteriorated,structurallyunsafe,vermin-infested, unsanitary, lacking essential utilities or facilities, or otherwise maintained in a condition detrimental to public health, safety, welfare, or the economic stability of the community.
(v) Has been declared or certified blighted, abandoned, deleterious, or otherwise hazardous pursuant to R.S.
14:107.3, R.S.
33:1373, 1374, 4720.59, R.S.
40:600.33, or other applicable law.
(vi) By reason of physical condition, environmental contamination, prolonged vacancy, neglect, or failure to maintain the property in accordance with applicable codes or ordinances, constitutes a threat to persons or propertyor creates a blighting influence on surrounding properties.
(b) This definition shall be construed broadly to effectuate the purpose of addressing abandoned, hazardous, and blighted properties and includes but is not Page 3 of 11 CODING:
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284 limited to conditions identified under any applicable state statute, local ordinance, administrative determination, or judicial finding relating to blight, abandonment, public nuisance, unsafe structures, or similar conditions and other applicable law.
(3) "Governing authority" means the governing authority of any parish or municipality having a population of less than fifty thousand, according to the latest federal decennial census, or any assignee which is authorized by the parish or municipality to carry out the purpose of this Part.
(4) "Notice" means the sending of written communication to a person entitled to receive notice pursuant to this Part by any of the following methods:
(a) By means of registered or certified mail, return receipt requested, to an owner at the address of the owner listed in the assessor's office for the parish in which the abandoned or blighted property is located.
(b) In thesamemannerasserviceofcitationorotherprocessasprovidedfor in the Code of Civil Procedure and R.S.
13:3201 et seq., whether made bya sheriff, deputy sheriff, or constable or as otherwise provided bylaw in any civil matters.
(c) By a duly authorized building inspector or other representative of the political subdivision, as provided by ordinance.
(d) In the event that the owners are absent or unable to be notified in accordance with Subparagraphs (4)(a) through (c) of this Section, notice may be madebypublicationoncea week for twoconsecutiveweeksin anofficialjournalof the political subdivision in which the property is located.
(5) "Owner" means anyperson having an ownership interest in the property as shown in the conveyance records of the parish in which the property is located, including but not limited to ownership or leasehold interest.
(6) "Property" means any portion of immovable property, including servitudes, leases, rights-of-way, and other rights in or to immovable property.
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284 §396.2.
Authority to expropriate;
acquisition of abandoned or blighted property prior to judgment A.
If a governing authoritycannot amicablyacquire propertyneeded bythe governingauthorityfortherehabilitationofabandonedorblightedpropertyinorder to return it to commerce, it mayacquire the same byexpropriation and mayacquire the abandoned or blighted property prior to judgment in the trial court fixing the amount of compensation due to the owner of the abandoned or blighted property.
B.
At least fifteen days prior to filing a petition for expropriation, the governing authorityshall send notice to the owner of its intention to expropriate the propertypursuant to this Part.
The letter of notification shall also inform the owner that if, within fifteen days after being served with the citation and pleading, he does not object to the taking on the grounds that it is not for a public purpose or fails to show that the abandoned or blighted conditions of the property have been substantiallyrehabilitatedandthatalltaxesandpublicliens havebeenpaid,heshall waive all defenses to the taking except claims for compensation or damages.
C.
Except for the provisions of R.S.
48:453(E), 456(A)(3) and (B), and as otherwise provided in this Part, such expropriation bythe governing authority shall beconductedinthemannerthattheDepartmentofTransportationandDevelopment mayexpropriate property for highwaypurposes, as set forth in R.S.
48:441 through 460.
§396.3.
Contents of petition for expropriation;
place of filing The right of expropriation granted by this Part shall be exercised in the following manner:
(1) A petition shall be filed by the governing authority in the district court of the parish in which the propertyto be expropriated is located.
(2) The petition shall contain a statement of the purpose for which the propertyistobeexpropriated,alegaldescriptionofthepropertybeingexpropriated, and the name of the record owner or owners.
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284 (3) The petition shall have annexed to it the following:
(a) A certified copy of a resolution adopted by the governing authority generallyauthorizingthetakingofabandonedorblightedpropertyanddeclaringthat it is necessary or useful for the purposes of this Part.
(b) An itemized statement of the amount of money estimated to be the full extent of the owner's loss for the actual taking, use, damage, or destruction, as the case maybe.
It shall be signed bya qualified and licensed real estate appraiser who made the estimate and shall include the date on which the appraisal was made.
(c) A copy of the letter of notification of intention to expropriate the property, as required by R.S.
19:396.2(B), and an affidavit setting forth the efforts to notify the owner.
§396.4.
Prayer of petition;
ex parte order for deposit;
value determination The petition shall conclude with a prayer that the abandoned or blighted propertybe declared taken for the purpose of rehabilitating economicallydepressed property by placing it back into the economic stream of commercUpon presentation of the petition, the court shall issue an order directing that the amount of the appraisal be deposited in the registry of the court.
Upon the deposit of the amount of the appraisal in the registry of the court, for the use and benefit of the persons entitled, the clerk shall issue a receipt showing the amount deposited, the date it was deposited, the style and number of the cause, and the description of the property as contained in the petition.
§396.5.
Vesting of title Upon presentation of the receipt issued by the clerk of court, the court shall render an immediate ex parte order transferringand vesting full and complete right, title, and ownership in and to the property unto the governing authority, free and clear of all rights of all interested owners, and all such rights and interests shall be transferred to and attach to the funds on deposit.
The rights and interests of all creditors shall be transferred and attach to the funds on deposit.
Upon vesting of title, the governing authority may enter upon and take possession of the property.
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284 §396.6.
Notice to defendant Upon receipt of the deposit and the ex parte order, the clerk of court shall comply with all laws governing citation as to each named defendant.
§396.7.
Contesting validity of proposed taking;
waiver of defenses A.
Any defendant desiring to contest and oppose the validity of the taking on the grounds that the property taken was not expropriated for a public purpose or the abandoned or blighted conditions of the property have been substantially rehabilitated,andalltaxesandgovernmentallienshavebeenpaid,shallfileamotion to dismiss the taking within fifteen days after the date on which the citation was servedon him oracourt-appointedcuratoron his behalf.
The motion to dismiss the taking shall be served pursuant to Code of Civil Procedure Article 1314.
This motion shall be tried contradictorilyas a summaryproceeding with preference over all other matters to the judge alone and shall be decided prior to fixing the case for trial on the compensation or damages due to the defendant.
B.
The ex parte order vesting title in the governing authority shall become final upon the failure of the defendant to timely file the opposition provided in Subsection A of this Section.
If the defendantfiles an opposition, the ex parte order becomes final upon the rendering of a judgment in favor of the governing authority onthetrialoftheoppositionorasotherwiseprovidedintheCodeofCivilProcedure.
§396.8.
Defendant's answer;
requirements;
delayfor filing WhenpropertyisexpropriatedpursuanttothisPart,anydefendantmayapply for a trial to the district court for the parish in which the property is located to determine the measure of compensation to which he is entitled, if:
(1) The defendant or owner applies for a trial within fifteen days from the date of service upon him, or a curator ad hoc appointed for him, or within an extendedperiodoftimegrantedbythecourtforgoodcausenottoexceedsixtydays, otherwise it shall be conclusively presumed that the amount deposited by the governing authority is correct and the defendant or owner shall thereafter be barred from disputing the deposited amount.
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284 (2) His answer sets forth the amount he claims, including the value of each parcel expropriated.
(3) His answer includes a certificate showing that a copy thereof has been served personally or by mail on all parties to the suit who have not joined in the answer.
§396.9.
Encumbrances and taxes A.
Subsequent to the rendition of the ex parte order of expropriation, the governing authority shall notify all parties having any mortgage, lien, or encumbranceonthepropertyofthependencyoftheproceedings.
Suchnoticesshall be sent to all such parties as maybe reasonablyascertained.
Notices maybe sent as provided for in this Part.
The rights and interest of all creditors shall be transferred and attach to the funds on deposit.
The court mayexercise summaryjurisdiction to rankthecreditorsaccordingtolawandtheirrespectivepriorityandorderdistribution of the funds.
B.
The expropriated propertyshall be vested in the governing authorityfree and clearof all mortgages, liens, privileges, and encumbrances.
All inscriptions for taxes, tax liens, and governmental charges shall be canceled according to law upon paymenttotheextentthatthefundsareavailablefromtheamountdepositedintothe registry of the court.
When the ex parte order vesting title in the governmental authoritybecomesfinal,asprovidedinR.S.19:396.7(B),thecourtshall order,upon ex parte motion, the recorder of mortgages to cancel and erase all liens, mortgages, andencumbrancesaffectingtheexpropriatedpropertyandshallalsoorderthetaxing authority to cancel and erase all taxes, tax liens, and governmental charges against the property.
§396.10.
Acquisition by third persons The governing authorityshall provide an equal opportunityfor all natural or juridical persons, including but not limited to sole proprietorships, partnerships, corporations, or limited liability companies, whether for profit or nonprofit, to acquire property expropriated pursuant to the provisions of this Part when the Page 8 of 11 CODING:
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284 governing authority decides to sell, convey, or otherwise dispose of any property expropriated pursuant to the provisions of this Part.
Notwithstanding the foregoing provisions, the governing authority may establish a preference for the allocation of these properties to low-income families, directly or through for-profit or nonprofit organizations which will have rehabilitated or constructed housing on the property.
§396.11.
Sale of expropriated property Notwithstanding any other provision of law to the contrary, the governing authority may sell property acquired pursuant to this Part at public or private sale.
Beforeanysuch sale maybe made, the governingauthorityshall enact an ordinance generallyapproving the sales.
The ordinance shall state whether such sales shall be bypublicorprivatesale.
Iftheordinancestatesthatasaleshallormaybebyprivate sale, the ordinance shall establish a fair and equitable policy with uniform application for determining the sale price.
For purposes of this Section, the sale of property acquired pursuant to this Part shall not be considered the sale of surplus property or of property owned by the governing authority.
§396.12.
Notice of sale;
private and public A.
If property is sold at private sale, the governing authority shall on a quarterlybasis publish a short description of how the governing authorityis making properties, acquired pursuant to this Part, available for purchase bythe public.
The governing authority shall also publish on a quarterly basis a list of properties acquired pursuant to this Part that have been sold by the governing authority in the preceding quarter and shall include the name of the purchaser and the municipal address of the propertysold or, if no municipal address is available, the district, lot, and square number, and the price at which the property was sold.
If the governing authority maintains an official website, the required quarterly notices shall also be posted on the website and made reasonablyaccessible to the public.
B.
If property is sold at public sale, notice of the sale shall be published at least twice in the manner provided by law for sales under judicial process.
The advertisement of the notice of the public sale shall contain the date of the sale, the Page 9 of 11 CODING:
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284 place and time of the sale, the municipal address of the propertysubject to such sale or, if no municipal address is available, the district, lot, and square number, and the terms of the sale.
If the governing authority maintains an official website, the requirednotice of sale shall also be posted on the website contemporaneouslyto the notice conducted in the manner provided bylaw for sales under judicial process.
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 284 Engrossed 2026 Regular Session Wyble Abstract:
Authorizes parishes and municipalities with a population of less than 50,000 to expropriate blighted property by declaration of taking.
Proposed law authorizes a parish or municipality with a population of less than 50,000, referred to as a "governing authority", to expropriate abandoned or blighted property by a declaration of taking.
Proposed law defines "abandoned property", "blighted property", "governing authority", "notice", "owner", and "property".
Proposed law provides for the following procedures:
(1) Requiresnotificationtoanowneroftheintention toexpropriatethepropertyatleast days prior to filing a petition for expropriation.
(2) Expropriationistobeconductedinamannerconsistentwiththeexistingprocedures used by the Dept.
of Transportation and Development (DOTD).
(3) Requires the filing of a petition and resolution containing a statement of public purposeandattachmentofcertainotherdocumentationanddepositingintheregistry of the court in an amount equal to the estimated value of the property.
Upon presentation of the receipt of the deposit, the court issues an ex parte order vesting title with the governing authority.
The ex parte order becomes final upon the defendant's failure to file a motion to dismiss or a judgment is rendered in favor of the governing authority on the trial of the motion.
(4) Upon receipt of the deposit and the ex parte order, notice of the petition, along with the ex parte order and receipt of deposit, is sent by the clerk of court to all defendants.
(5) Provides procedures for a defendant to contest the validity of the taking, within 15 days after the date which the citation was served, on the grounds that the property takenwasnotexpropriatedforapublicpurposeorthattheblightedconditionsonthe property have been or are in the process of beingrehabilitated.
(6) Provides for equal opportunity for all natural and juridical persons to purchase expropriated blighted property from the governing authority when the governing authority decides to sell, convey, or otherwise dispose of expropriated property.
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284 (7) Requires the governing authority to provide notice of the sale of property acquired through expropriation.
(8) Requires certain notices be posted on the governing authorities website to be made available to the public.
(Adds R.S.
19:396-396.12) Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on Civil Law and Procedure to the original bill:
1.
Make technical corrections.
2.
Providethattheintentofproposedlawistoserveapublicpurposeandtoprotect the health, safety, and welfare of the public.
3.
Redefine "abandoned property" and "blighted property".
4.
Require certain notices be published on the governing authority's official website.
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