Authorizes the parish of Lincoln to expropriate property by a declaration of taking
Summary
HB 98 amends Louisiana law governing expropriation by declaration of taking to add Lincoln Parish to the existing statutory framework that already applies to Lincoln Parish and the City of Ruston. The bill updates the heading of Part III-F of Title 19 and revises several provisions to clarify that the parish of Lincoln, like the city of Ruston, may expropriate property when it cannot amicably acquire needed land for public projects. The covered purposes include streets, roads, drainage, water, utility, sewerage, electric, and other capital projects.
The bill also specifies the procedural requirements for using this authority. It confirms that Lincoln Parish may file expropriation petitions in the appropriate district court, must attach a governing-authority resolution declaring the taking necessary or useful, and, where applicable, must include engineering certifications regarding right-of-way, public safety, convenience, and project design. It further states when title vests in the parish and preserves the property owner’s right to just and adequate compensation, including the right to seek a trial on compensation within the stated deadline after notice that the project has been accepted.
Impact
HB 98 expands and clarifies the statutory expropriation powers available to Lincoln Parish by expressly authorizing the parish to use a declaration of taking process for specified public infrastructure and capital projects. It amends Title 19 provisions governing expropriation, changes the defined term "governing authority," and updates filing, certification, title-vesting, and compensation procedures that apply when property is taken for public use. The practical effect is to streamline land acquisition for parish projects while maintaining judicial oversight and compensation rights for affected property owners.
Sentiment
The bill appears to have been broadly supported. It passed the House by a wide margin, 86-7, and the Senate unanimously, 36-0. The voting pattern suggests general agreement that the measure was a routine local-government authority bill aimed at facilitating public works and infrastructure projects in Lincoln Parish and Ruston.
Contention
There is no committee transcript in the provided record, so specific objections are not documented. The likely point of contention in bills of this kind is the balance between local government’s need to quickly acquire property for public projects and private property owners’ rights in expropriation proceedings. Any concerns would center on the breadth of the taking authority, the use of declaration of taking procedures, and whether the compensation process provides sufficient protection to landowners.