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La. Rev. Stat. § 13:5111 (2026)

Appropriation of property by state, parish, municipality or agencies thereof; attorney, engineering and appraisal fees; prescription

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§5111.  Appropriation of property by state, parish, municipality or agencies thereof; attorney, engineering and appraisal fees; prescription

A.  A court of Louisiana rendering a judgment for the plaintiff, in a proceeding brought against the state of Louisiana, a parish, or municipality or other political subdivision or an agency of any of them, for compensation for the taking of property by the defendant, other than through an expropriation proceeding, shall determine and award to the plaintiff, as a part of the costs of court, such sum as will, in the opinion of the court, compensate for reasonable attorney fees actually incurred because of such proceeding.  Any settlement of such claim, not reduced to judgment, shall include such reasonable attorney, engineering, and appraisal fees as are actually incurred because of such proceeding.  Actions for compensation for property taken by the state, a parish, municipality, or other political subdivision or any one of their respective agencies shall prescribe three years from the date of such taking.  

B.  The rights of the landowner herein fixed are in addition to any other rights he may have under the constitution of Louisiana and existing statutes, and nothing in this Part shall impair any constitutional or statutory rights belonging to any person on September 12, 1975.  

Acts 1975, No. 434, §1.  

Notes of Decisions
Cited in 120 cases (8 in the last 5 years), 1974–2026 · leading case: South Lafourche Levee Dist. v. Chad M. Jarreau, 217 So. 3d 298 (La. 2017).
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South Lafourche Levee Dist. v. Chad M. Jarreau, 217 So. 3d 298 (La. 2017). · cites it 20× “R.S. 13:5111 governs an award for attorneys’ fees in a levee servitude appropriation dispute.”
Rivet v. State, Dept. of Trans. & Dev., 680 So. 2d 1154 (La. 1996). · cites it 14× “R.S. 13:5111, the statutory authorization for an award of attorney fees in an appropriation or inverse condemnation suit, the trial court erred both in awarding attorney fees absent record evidence as to the amount of attorney fees actually incurred by plaintiffs' attorneys and…”
Bd. of Supervisors v. Mid City Holdings, L.L.C., 151 So. 3d 908 (La. Ct. App. 2014). · cites it 7× “R.S. 13:5111 A (emphasis added). 7 It further provides that “Motions for compensation for property taken .”
Avenal v. State, Dept. of Nat. Resources, 858 So. 2d 697 (La. Ct. App. 2003). · cites it 15× “R.S. 13:5111 which has a three-year prescriptive period.”
Wynat Dev. Co. v. Bd. of Levee Com'rs, 710 So. 2d 783 (La. 1998). · cites it 25× “R.S. 13:5111. Finding La. R.S. 9:5626 was implicitly repealed, we hold the applicable prescriptive period is that provided in La.”
South Lafourche Levee Dist. v. Jarreau, 192 So. 3d 214 (La. Ct. App. 2016). · cites it 9× “R.S. 13:5111. Olivier Plantation, L.L.C. v.”
Avenal v. State, 886 So. 2d 1085 (La. 2004). · cites it 4× “R.S. 13:5111 and La. R.S. 9:5624. Section 5111 of Title 13 is entitled "Appropriation of property by state, parish, municipality or agencies thereof; attorney, engineering and appraisal fees; prescription" and provides in pertinent part: "[A] proceeding brought against the state…”
Vela v. Plaquemines Par. Gov't, 811 So. 2d 1263 (La. Ct. App. 2002). · cites it 7× “R.S. 13:5111 The PPG challenges the trial court's judgment awarding the plaintiff class the sum of one million, five hundred thousand dollars ($1,500,000.”
Cooper v. La. Dept. of Pub. Works, 870 So. 2d 315 (La. Ct. App. 2004). · cites it 5× “R.S. 13:5111, which provides, in part: Actions for compensation for property taken by the state, a parish, municipality, or other political subdivision or any one of their respective agencies shall *324 prescribe three years from the date of such taking.”
Est. of Patout v. City of New Iberia, 738 So. 2d 544 (La. 1999). · cites it 9× “9:5624, the three year prescriptive period of R.S. 13:5111, or some other prescriptive period.”
Jungeblut v. Par. of Jefferson, 485 So. 2d 974 (La. Ct. App. 1986). · cites it 10× “(2) The trial court committed error in denying plaintiffs' exception of prescription based on the prescriptive period as set out by LSA-R.S. 13:5111 by not finding that plaintiffs had constructive notice that a ditch had been constructed on their property.”
Simmons v. Bd. of Com'rs, 624 So. 2d 935 (La. Ct. App. 1993). · cites it 6× “The court awarded attorney fees under LRS 13:5111 in the amount of one-third of the awards for land and tree loss, exclusive *939 of mental anguish and severance damages.”
Show all 120 citing cases →
La. Rev. Stat. § 13:5111(A): 30 cases
Rivet v. State, Dept. of Trans. & Dev., 680 So. 2d 1154 (La. 1996). “R.S. 13:5111, the statutory authorization for an award of attorney fees in an appropriation or inverse condemnation suit, the trial court erred both in awarding attorney fees absent record evidence as to the amount of attorney fees actually incurred by plaintiffs' attorneys and…”
South Lafourche Levee Dist. v. Chad M. Jarreau, 217 So. 3d 298 (La. 2017). “R.S. 13:5111 governs an award for attorneys’ fees in a levee servitude appropriation dispute.”
Smith v. State, 899 So. 2d 516 (La. 2005).
Sid-Mar's Restaurant & Lounge, Inc. v. State ex rel. Governor, 182 So. 3d 390 (La. Ct. App. 2015).
City of Shreveport v. Noel Est., Inc., 941 So. 2d 66 (La. Ct. App. 2006).
La. Rev. Stat. § 13:5111(B): 1 case
Debra Winesberry v. St. Bernard Par. Gov't, No. 2024-CA-0166 (La. Ct. App. Dec. 17, 2024).
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