Art. 3422.1. Small succession immovable property damaged by disaster or
catastrophe
A. The provisions of this Article shall apply to immovable property, subject
to a small succession proceeding, that is damaged by a disaster or catastrophe for
which a declaration of emergency or federal declaration of disaster or emergency was
issued.
B. In the absence of a written agreement between co-owners for the use and
management of the immovable recorded in the conveyance or mortgage records for
the parish in which the immovable is situated, any public entity or agent of a public
entity may conclusively presume that a co-owner in possession of the immovable for
more than one year has been appointed by all co-owners as a managing co-owner.
C. The power of the managing co-owner shall include the power to do any of
the following, without the need to obtain the concurrence of all co-owners:
(1) Manage, administer, repair, reconstruct, and restore the immovable.
(2) Receive, disburse, and account for funds given to the managing co-owner
by a public entity solely for the purposes of the repair, reconstruction, and restoration
of the immovable.
(3) Execute mortgages to secure funds not exceeding the amount necessary
to repair, reconstruct, and restore the immovable.
(4) Encumber the immovable with restrictions as may be required by a public
entity.
D. Possession of the immovable by the managing co-owner shall continue
during any period the managing co-owner has been forced to leave the immovable
due to fire, hurricane, flood, or other disaster or catastrophe.
E. The management of the immovable by the co-owner shall be subject to the
laws of negotiorum gestio to the extent not inconsistent with the provisions of this
Article.
F. It is the intent of the legislature that the provisions of this Article be
liberally construed to allow the maximum possible repair, reconstruction, and
restoration of immovable property in this state, subject to a small succession
proceeding, that has been damaged by disaster or catastrophe.
G. Repealed by Acts 2012, No. 618, §2, eff. June 7, 2012.
Acts 2011, No. 323, §1, eff. June 29, 2011; Acts 2012, No. 618, §2, eff. June
7, 2012; Acts 2024, No. 90, §1.