The Louisiana Constitution prohibits governmental bodies and municipal corporations from taking or expropriating landowners’ private property “except for public purposes and with just compensation paid to the owner or into court for his benefit.” A landowner “has the right to trial by jury to determine whether the compensation is just” and “shall be compensated to the full extent of his loss.” Just compensation includes the appropriate amount of money, not only for the property that is actually, physically taken by the expropriating authority, but also for the damage to the remaining property that was not actually taken.
Many landowners simply accept the amount of money offered by an expropriating authority because they do not know their rights. If your property is taken for a public purpose and without your consent, you may challenge both the asserted public purpose for the taking and the amount of money or just compensation offered or deposited by the expropriating authority. If you successfully obtain at trial more money than the expropriating authority deposited as its estimate of just compensation for the property taken, you may also be awarded your attorneys’ fees, expert fees and court costs.
Expropriation laws are extremely technical and complicated, and the Louisiana Legislature amends them regularly. Both Louisiana and federal expropriation laws contain specific time periods within which you must object to the taking or the amount of compensation or else risk forfeiting your legal rights. If you are notified that your property may or will be taken for a public purpose, you should get proper legal advice as soon as possible.
Smith & Fawer, LLC has handled numerous expropriation cases and represented landowners in numerous Louisiana state and federal courts. If you have any questions regarding your property rights or right to payment for property taken for public projects, please contact us:
Smith & Fawer, LLC
201 St. Charles Avenue
Suite 3702
New Orleans, LA 70170
P: (504) 525-2200
F: (504) 525-2205
E: www.SmithFawer.com/randall-smith.html