Terms Used In Louisiana Revised Statutes 40:1398

  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Department: means the Department of Public Safety and Corrections. See Louisiana Revised Statutes 40:1372
  • Division: means the division of state police in the Department of Public Safety and Corrections. See Louisiana Revised Statutes 40:1372

The Department of Public Safety may reimburse the owner of property for the use, damage or destruction of property by the Division of State Police without the necessity of suit.  The amount of such reimbursement shall be determined by an appraisal of the damages sustained as estimated by three appraisers engaged in the business of repairing or supplying the type of item seized.  Compensation shall also be paid for the actual pecuniary loss suffered because of such use, damage or destruction.  Reimbursement to the Department of Public Safety shall be obtained by supplemental appropriation by the legislature in the session following the department’s payment of damages.  The director of the Department of Public Safety shall establish rules and regulations to effectuate the purposes of this section.  If the owner of property elects to accept the payment authorized by this section, such payment shall be in lieu of other actions for damages against the state.  

Added by Acts 1974, No. 263, §1.