Louisiana Revised Statutes 33:4720.86 – Acquisition of real property in community improvement area
Terms Used In Louisiana Revised Statutes 33:4720.86
- Bequest: Property gifted by will.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
A. Subject to the requirements of La. Rev. Stat. 33:4720.85, and except as provided in La. Rev. Stat. 33:4720.84(4), the parish governing authority may acquire by purchase, lease, option, gift, grant, bequest, or device, or by the exercise of the power of expropriation, any real property, or interest therein which it may deem necessary for or in connection with a community improvement plan or project under this Chapter.
B. The parish governing authority may exercise the power of expropriation in the manner provided in the Civil Code relative to the transfer of property and the laws supplementary or amendatory thereto, or it may exercise the power of expropriation in the manner provided by law for the exercise of the power of expropriation. Property already devoted to a public use may be purchased in a like manner, but no real property belonging to the United States, the state of Louisiana, or any political subdivision of the state may be acquired without the consent of the political body owning such property.
C. In any proceeding to fix or assess compensation for damages for the purchase of property, or any interest therein, through the exercise of expropriation, evidence, or testimony bearing upon the following matters shall be admissible and shall be considered in fixing such compensation or damages in addition to evidence or testimony otherwise admissible:
(1) The institution of any legal or administrative proceedings with respect to any use, condition, occupancy, or operation of such property which is unlawful or violative of, or subject to elimination, abatement, prohibition, or correction under any law or ordinance or regulatory measure of the state, parish, municipality, or other political subdivision, or any agency thereof, in which such property is located, as being unsafe, substandard, unsanitary, or otherwise contrary to the public health, safety, or welfare.
(2) The effect on the value of such property, of any such use, condition, occupancy, or operation, or of the elimination, abatement, prohibition, or correction of any such use, condition, or operation.
(3) Testimony or evidence that any public body or public officer charged with the duty or authority so to do has rendered, made, or issued any judgment, decree, determination, or order for the abatement, prohibition, elimination, or correction of any such use, condition, occupancy, or operation shall be admissible and shall be prima facie evidence of the existence and character of such use, condition, or operation.
Acts 2004, No. 583, §1, eff. June 25, 2004.