§136.2. Authority to expropriate; acquisition of abandoned or blighted property prior to
judgment
A. When the governing authority cannot amicably acquire property needed by the
governing authority for the rehabilitation of abandoned or blighted property in order to return
it to commerce, it may acquire the same by expropriation and may acquire 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
authority shall send notice to the owner of its intention to expropriate the property pursuant
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, (1) he does not object to the taking on the
grounds that it is not for a public purpose or (2) he fails to show that the abandoned or
blighted conditions of the property have been substantially rehabilitated and that all taxes and
public liens have been paid, he shall 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 by the governing authority shall be conducted in the
manner that the Department of Transportation and Development may expropriate property
for highway purposes, as set forth in R.S. 48:441 through 460.
D. In the parish of East Baton Rouge, notwithstanding any provision of law to the
contrary, expropriation proceedings shall be initiated by the member of the governing
authority representing the district in which the subject property is located.
Acts 2003, No. 984, §1; Acts 2004, No. 755, §1, eff. July 6, 2004; Acts 2025, No.
456, §2.