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SB 444

EXPROPRIATION: Provides relative to expropriation by the city of St. George. (gov sig)

2026 Regular Session Introduced by Rick Edmonds

Authorizes the City of St. George to expropriate private property for public projects and take title before a court judgment on just compensation.

Effective date 6/9/2026.
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WeVote Research Nonpartisan
Bill Summary · SB 444

Summary of SB 444 (2026) – Expropriation by the City of St. George, Louisiana

Main purpose and intent

  • Establishes a new statutory framework allowing the city of St. George, in East Baton Rouge Parish, to expropriate private property for publicly funded projects through a declaration of taking, prior to judgment on just compensation.
  • Creates a dedicated Part XIII in Title 19 of the Louisiana Revised Statutes (R.S. 19:396–409) detailing definitions, procedures, and protections specific to this city’s expropriation authority.

Key provisions and changes the bill would make

  • Definitions (R.S. 19:396)

    • Governing authority: the city council of St. George.
    • Property: any portion of immovable property within St. George’s corporate limits, including rights, easements, and improvements.
    • Owner: person(s) appearing of record with an interest in the property sought for expropriation.

  • Authority to expropriate; declaration of taking (R.S. 19:397)

    • If the city cannot amicably acquire property for a public purpose, it may expropriate and may acquire property prior to the court’s judgment fixing just compensation.
    • Applies to property needed for any public project (streets, roads, bridges, drainage, flood protection, water, utilities, sewerage, electric, capital projects, etc.).

  • Petition process, venue, and prefiling requirements (R.S. 19:398–399)

    • City must file a petition in the 19th Judicial District Court (19th JDC) where the property is located.
    • Petition must include: public purpose, property description, owner of record, and request for an order of expropriation and declaration of taking.
    • Before filing, the governing authority must adopt a resolution authorizing the expropriation, with a finding that it serves a public purpose and is necessary.
    • Petition must annex: certified copy of the resolution and an itemized statement of estimated just compensation or damages, with signatures indicating the estimating party and date.

  • Deposit, vesting, and possession (R.S. 19:400–401)

    • The court may order deposit of the estimated compensation into the court’s registry and explicitly transfer title to the property to St. George upon deposit.
    • Once deposited, title vests in the city; the owner’s right to just compensation vests in the owners.
    • City may enter and possess the property subject to the Part’s provisions.
    • Possession timing:
    • If no inhabited improvements exist on the property, possession may occur immediately.
    • If inhabited improvements exist, possession may be postponed up to 30 days after service of the order, or longer if the court allows with reasonable rental compensation.

  • Service and withdrawal of deposits (R.S. 19:402–403)

    • Certified copies of the petition, order, and deposit receipt served on each owner per applicable law.
    • Owners may apply to withdraw deposited funds for awarded compensation; court may allocate funds to taxes, liens, mortgages, and other encumbrances per law.

  • Challenges, defenses, and timelines (R.S. 19:404–406)

    • Owners may challenge the taking on grounds of lack of public purpose or noncompliance with the act.
    • Motion to dismiss due within 21 days after service; preferred with contradictory hearing.
    • Failure to timely file a motion to dismiss waives defenses other than compensation/damages claims.
    • Owners seeking compensation/damages must file an answer: 30 days after total taking or 90 days after partial taking, detailing requested amounts.

  • Trial, judgment, and interest (R.S. 19:406–408)

    • After pleadings, either party can request a trial with priority; at least 30 days’ notice.
    • Court must render a judgment fixing just compensation and damages, and ordering payment or refund of excess deposit.
    • Interest: legal interest accrues on any amount awarded beyond the deposited estimate from the date of taking until payment.

  • Relationship to existing expropriation authority (R.S. 19:409)

    • The new authority is in addition to, and not a limitation on, any other expropriation powers conferred by law.

  • Effective date

    • Effective upon gubernatorial signature or the lapse of time for gubernatorial action.

Who/what would be affected

  • Property owners within the corporate limits of the City of St. George whose property is needed for a public project.
  • The City of St. George would gain a streamlined mechanism to acquire property via declaration of taking prior to final court judgment on compensation.
  • Related stakeholders include other owners of record, lienholders, and any parties with encumbrances on affected properties, who would participate in deposit, compensation, and dispute processes.

Procedural and timeline aspects

  • Initiation: Petition filed in 19th JDC after a governing authority resolution authorizing expropriation.
  • Pre-filing requirement: Resolution of necessity and public purpose, annexed to petition.
  • Court action: Deposit of estimated compensation; title vesting upon deposit; possession timing as described.
  • Contests: 21-day window to file a motion to dismiss; 30/90-day deadlines for answers depending on total vs. partial taking.
  • Trial: Must be set with notice; preference given; standard 30-day notice minimum.
  • Payment: Judgment establishes compensation; excess deposits refunded; interest accrues on any amount exceeding the deposit.
  • Relationship to other laws: Consistent with, but additive to, existing expropriation statutes; not intended to limit other powers.

If you’d like, I can provide a side-by-side comparison with current Louisiana expropriation law (R.S. 48:441–460) to highlight similarities and differences.

Compiled from official sources — confirm details with the bill’s official record.

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