WeVote
Log In

Bill

Bill

HB 98

PROPERTY/EXPROPRIATION: Authorizes the parish of Lincoln to expropriate property by a declaration of taking

2025 Regular Session Introduced by Rashid Young

Lincoln Parish gains power to seize private property via declaration of taking, allowing immediate government possession while owners contest compensation in court afterward.

Becomes Act No. 484 without the Governor's signature.
0
WeVote Research Nonpartisan
Bill Summary · HB 98

Legislative bill overview

HB 98 grants Lincoln Parish the legal authority to acquire private property through eminent domain via a "declaration of taking" process. This streamlined procedure allows the parish to take possession of property for public purposes without requiring traditional court proceedings before seizure.

Why is this important

This bill affects property owners in Lincoln Parish by enabling faster government acquisition of land for public projects (infrastructure, development, etc.). It shifts the burden of proof—property owners must now challenge the taking in court after losing possession rather than before, which can complicate their ability to prevent unwanted seizures and potentially increases litigation costs for affected landowners.

Potential points of contention

  • Due process concerns: The declaration of taking method allows government seizure before judicial review, raising questions about whether property owners receive adequate opportunity to contest the taking beforehand
  • Compensation timing: The bill doesn't specify when "just compensation" must be determined or paid, potentially leaving owners in financial limbo during litigation
  • Scope of "public purpose": The bill doesn't define what projects qualify as public purposes, leaving room for discretionary interpretation by parish officials

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

Sign in to ask a question.