SB 444 — EXPROPRIATION: Provides relative to expropriation by the city of St. George. (gov sig)

SLS 26RS-574 REENGROSSED SB NO.

444 §406.

Additional authority ThePage authority4 granted by this Part is in addition to any other expropriation authority granted by law and shall not be construed to limit or impair any other power of the5 cityCoding: of St.

George.

Section 2.

This Act shall become effective upon signature bythe governor or, if not signedbythegovernor,uponexpirationofthetimeforbillstobecomelawwithoutsignature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.

If vetoed bythe governorand subsequentlyapproved bythe legislature, this Act shall become effective on the dayfollowing such approval.

The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Senate Legislative Services.

The keyword, summary, 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)] DIGEST SB 444 Reengrossed 2026 Regular Session Edmonds Proposed law provides for the following definitions:

(1) "Governing authority" means the city council of the city of St.

George.

(2) "Property" means anyportion of immovable property, including corporealproperty, servitudes, rights-of-way, easements, and other rights in or to immovable property, and any improvements thereon, located within the corporate limits of the cityof St.

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SLS 26RS-574 REENGROSSED SB NO.

444 George.ENROLLED The authority granted by this Part is in addition to any other expropriation authority granted by law and shall not be construed to limit or impair any other power of the city of St.

(3) "Owner" means anyperson appearingof record as having an interest in the property sought to be expropriated.

Proposed law provides that when the city of St.

George cannot amicably acquire property needed for a public purpose, the city may acquire such property by expropriation and may acquire the property prior to judgment in the trial court fixing the amount of compensation due.

Proposedlawprovidesthattheauthoritygrantedbyproposedlawappliestopropertyneeded for any street, road, highway, bridge, drainage, stormwater, flood protection, water, utility, sewerage, electric, capital, or anyother public project of the city of St.

ProposedSection law2. provides that except as otherwise provided in proposed law, expropriation shallbeconductedinthesamemannerasexpropriationbytheDepartmentofTransportation and Development pursuant to present law, insofar as those provisions are applicable.

ProposedThis lawAct providesshall thatbecome nothingeffective inupon proposedsignature lawbythe authorizesgovernor or, if not signedbythegovernor,uponexpirationofthetimeforbillstobecomelawwithoutsignature by the citygovernor, as provided by Article III, Section 18 of St.the Constitution of Louisiana.

GeorgeIf tovetoed acquirebydeclarationoftakinganyfacility,utilityplant,servitude,right-of-way,easement,bythe orgovernorand othersubsequentlyapprovedbythe immovablelegislature, propertyrightthis owned,Act leased,shall operated,become maintained,effective oron used bya utility subject to the jurisdictiondayfollowing ofsuch theapproval. Louisiana Public Service Commission to furnish electric, gas,water,orsewerageservice.Providesthatnothinginproposedlawshallaffectapplicable utility relocation law or anyauthority existing under present law.

ProposedPRESIDENT lawOF providesTHE thatSENATE theSPEAKER cityOF ofTHE St.HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:

GeorgePage shall5 instituteof expropriation5 proceedingsCoding: by filing a petition in the 19th JDC in East Baton Rouge Parish.

Proposed law provides that the petition shall include the following:

(1) Statement of the public purpose for which the propertyis sought.

(2) Description of the property to be expropriated.

(3) Name of each owner of record.

(4) Request for an order of expropriation and declaration of taking.

Proposed law provides that prior to filing suit under proposed law, the governing authority shall adopt a resolution authorizing the expropriation.

Provides that the resolution shall include a determination that the taking serves a public purpose and is necessary for the project.

Proposed law provides that the petition shall have annexed thereto:

(1) A certified copy of the resolution of the governing authority.

(2) Anitemizedstatementoftheamountofmoneyestimatedtobejustcompensationfor the propertytaken or damages incurred, signed bythe person or persons making the estimate, stating the capacity in which they acted and the date of the estimate.

Proposedlawprovidesthatuponpresentationofthepetitionandattachments,thecourtshall issueanorderdirectingthecityofSt.Georgetodeposittheestimatedcompensationintothe registry of the court and declaring the property described in the petition transferred to the city of St.

George upon deposit.

Proposed law provides that upon deposit:

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Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-574 REENGROSSED SB NO.

444 (1) Title to the property shall vest immediately in the city of St.

George.

(2) The right to just compensation shall vest in the owner or owners.

(3) The city of St.

George may enter upon and take possession of the property, subject to the provisions of proposed law.

Proposed law provides that if no inhabited improvement is located on the property, the city of St.

George may take possession immediately upon deposit.

Proposed law provides that if an inhabited improvement is located wholly or partiallyupon theproperty,thecourtmaypostponephysicalpossession foraperiodnot exceeding30days from the date of service of the order, or for such additional period as the court may determine upon fixing reasonable rental compensation.

Proposed law provides that certified copies of the petition, order of expropriation, and receipt for deposit shall be served upon each owner.

Proposed law provides that upon application by any owner, the court may order all or any portion ofthedepositedfunds paidto theowneronaccountofcompensationtobeawarded.

Proposed law provides that the court shall order payment of taxes, liens, mortgages, and other encumbrances from the deposited funds.

Proposed law provides that anyowner maycontest the validityof the taking on the grounds that:

(1) The property was not expropriated for a public purpose.

(2) The petition or attachments fail to comply with proposed law.

Proposed law provides that a motion to dismiss shall be filed within twenty-one days after service of the petition and shall be tried contradictorilywith preference.

Proposed law provides that failure to timelyfile a motion to dismiss constitutes a waiver of all defenses to the taking except claims for compensation or damages.

Proposedlawprovidesthatanyownerseekingcompensationordamagesshallfileananswer within 30 days after service for a total taking or 90 days after service for a partial taking.

Proposedlawprovidesthattheanswershallsetforththenatureandamountofcompensation or damages claimed.

Proposed law provides that after an answer is filed and any motion to dismiss resolved, either party may request that the case be fixed for trial.

Proposed law provides that the court shall set the matter for trial with preference and shall provide at least 30 days notice of trial.

Proposed law provides that the court shall render judgment fixing just compensation and damages, if any, and ordering payment or refund of any excess deposit in accordance with law.

Proposed law provides legal interest shall accrue on any amount awarded in excess of the deposited estimate from the date of taking until paid.

Proposed law provides that the authoritygranted byproposedlawisin addition to anyother expropriationauthoritygrantedbylawandshallnotbeconstruedtolimitorimpairanyother Page 7 of 8 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-574 REENGROSSED SB NO.

444 power of the city of St.

George.

Effective upon signature of the governor or lapse of time for gubernatorial action.

(Adds R.S.

19:396-409) Summary of Amendments Adopted by Senate Senate Floor Amendments to engrossed bill 1.

ProhibitsthecityofSt.Georgefromacquiringanyimmovablepropertyright owned, leased, operated, maintained, or used by a utility subject to the jurisdiction of the Louisiana Public Service Commission.

2.

Providesthatproposedlawdoesnot affectapplicableutilityrelocationlaws.

3.

Makes technical changes.

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