LouisianaSt. George can take property before courts set compensation
St. George may take property for city projects after a court order and deposit, before the court sets the final compensation amount.
What it does
When St. George cannot reach an agreement with an owner, the city may take property for a needed public project after a court order and deposit of estimated compensation. Property used by regulated utilities to provide service is excluded.
Owners may challenge the taking or seek compensation in court, but short filing deadlines apply. Missing the challenge deadline waives defenses to the taking, while compensation and damage claims remain available.
The city may take possession after depositing estimated compensation. If a building where people live is on any part of the property, the court may delay possession and set reasonable rent.
Argument forThe city could start public projects sooner after depositing estimated compensation, while owners keep a right to compensation and may ask the court to release some deposited money.
Argument againstOwners could lose title before the court sets final compensation, and missing the 21-day deadline could waive most challenges to the taking.
More detail
The city may take property by filing a court case and depositing estimated compensation. The authority covers property within St. George's city limits for streets, roads, drainage, utilities, and other city public projects. The city must be unable to acquire the property by agreement. Before filing suit, the city council must find that the taking serves a public purpose and is needed for the project. This authority does not cover property rights owned, leased, operated, maintained, or used by a utility under Louisiana Public Service Commission jurisdiction to provide electric, gas, water, or sewer service. Title transfers to the city when it deposits the estimate; the court sets the final compensation amount later.
Owners may challenge the taking or seek compensation in court. These procedures apply to owners of property the city seeks to take. Owners may challenge whether the taking serves a public purpose or whether the court papers and attachments follow the law. Missing the challenge deadline waives defenses to the taking, except claims for compensation or damages. Owners seeking compensation or damages must answer the court papers within 30 days for a total taking or 90 days for a partial taking. Owners must file a challenge within 21 days after the petition is served. Compensation answers are due within 30 days for a total taking or 90 days for a partial taking.
The city may take physical possession after depositing estimated compensation. This applies to property the city takes through a court order and deposit. If an inhabited building is on any part of the property, the court may delay possession and set reasonable rental compensation. If no inhabited building is on the property, possession may begin upon deposit. Otherwise, the court may delay it for up to 30 days after serving its order, or longer with reasonable rental compensation.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jun 9Signed by the Governor Jeff Landry. Becomes Act No. 899.Became Law
- Jun 9Effective date 6/9/2026.
- Jun 1Sent to the Governor by the Secretary of the Senate.To Governor
- May 31Enrolled. Signed by the President of the Senate.Minor
- May 31Signed by the Speaker of the House.
- May 29Called from the calendar.
- Vote recorded FINAL PASSAGE (#1649). Result: pass.Lower
- May 29Read third time by title, roll called on final passage, yeas 59, nays 32. Finally passed, ordered to the Senate.Passed House
- May 29Received from the House without amendments.Minor
- May 27Read by title, returned to the calendar.
- May 27Notice given.
- May 27Scheduled for floor debate on 05/29/2026.
- May 26Read by title, passed to 3rd reading.Minor
- May 26Scheduled for floor debate on 05/27/2026.
- May 25Reported without Legislative Bureau amendments.
- May 20Reported favorably (10-0). Referred to the Legislative Bureau.Minor
- May 19Read by title, under the rules, referred to the Committee on Civil Law and Procedure.Minor
- May 19Discharged from the Committee on Civil Law and Procedure.
- May 19Read by title, recommitted to the Committee on Municipal, Parochial and Cultural Affairs.
- May 18Received in the House from the Senate, read by title, lies over under the rules.
- May 13Rules suspended. Senate floor amendments read and adopted. Read by title and passed by a vote of 33 yeas and 0 nays; ordered reengrossed and sent to the House. Motion to reconsider tabled.Passed Senate
- Vote recorded FINAL PASSAGE, SB 444 BY EDMONDS (#828). Result: pass.Upper
- May 12Read by title. Ordered engrossed and passed to third reading and final passage.
- May 11Reported favorably.Minor
- Mar 31Read second time by title and referred to the Committee on Local and Municipal Affairs.Minor
- Mar 30Rules suspended. Introduced in the Senate. Read by title and placed on the Calendar for a second reading.Introduced
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