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La. Rev. Stat. § 19:2 (2026)

Expropriation by state or certain corporations, limited liability companies, or other legal entities

✓ current as of May 2026
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§2. Expropriation by state or certain corporations, limited liability companies, or other legal entities

           Prior to filing an expropriation suit, an expropriating authority shall attempt in good faith to reach an agreement as to compensation with the owner of the property sought to be taken and comply with all of the requirements of R.S. 19:2.2. If unable to reach an agreement with the owner as to compensation, any of the following may expropriate needed property:

           (1) The state or its political corporations or subdivisions created for the purpose of exercising any state governmental powers.

           (2) Any domestic or foreign corporation, limited liability company, or other legal entity created for, or engaged in, the construction of railroads, toll roads, or navigation canals.

           (3) Any domestic or foreign corporation, limited liability company, or other legal entity created for, or engaged in, the construction or operation of street railways, urban railways, or inter-urban railways.

           (4) Any domestic or foreign corporation, limited liability company, or other legal entity created for, or engaged in, the construction or operation of waterworks, filtration and treating plants, or sewerage plants to supply the public with water and sewerage.

           (5) Any domestic or foreign corporation, limited liability company, or other legal entity created for, or engaged in, the piping and marketing of natural gas for the purpose of supplying the public with natural gas as a common carrier or contract carrier or any domestic or foreign corporation, limited liability company, or other legal entity which is or will be a natural gas company or an intrastate natural gas transporter as defined by federal or state law, composed entirely of such entities or composed of the wholly owned subsidiaries of such entities. As used in this Paragraph, "contract carrier" means any legal entity that transports natural gas for compensation or hire pursuant to special contract or agreement with unaffiliated third parties.

           (6) Any domestic or foreign corporation, limited liability company, or other legal entity created for the purpose of, or engaged in, transmitting intelligence by telegraph or telephone.

           (7) Any domestic or foreign corporation, limited liability company, or other legal entity created for the purpose of, or engaged in, generating, transmitting, and distributing or for transmitting or distributing electricity and steam for power, lighting, heating, or other such uses subject to the following qualifications. Property located in Louisiana may be expropriated exclusively by an electric public utility as defined in R.S. 45:121 or an affiliated entity either for a transmission or generation project that is approved and included in a multistate regional transmission organization's or independent system operator's transmission expansion plan or identified by such regional transmission organization or independent system operator as necessary for the reliability of the electric system or necessary for the interconnection of a generator, or for generating plants, buildings, transmission lines, stations or substations, distribution lines, or other associated facilities if a majority of the electricity or steam power to be generated, transmitted, or distributed in connection with these intended facilities will be delivered to end-users located within Louisiana. The generating plants, buildings, transmission lines, stations, and substations expropriated or for which property was expropriated shall be so located, constructed, operated, and maintained as not to be dangerous to persons or property nor interfere with the use of the wires of other wire using companies or, more than is necessary, with the convenience of the landowners. The terms "Regional Transmission Organization" and "Independent System Operator" shall have the meanings provided by 16 U.S.C. 796. In the event that any provision or provisions of this Paragraph are declared invalid or unenforceable by any court of competent jurisdiction, the remaining terms and provisions that are not affected thereby shall remain in full force and effect.

           (8) All persons included in the definition of common carrier pipelines as set forth in R.S. 45:251.

           (9) Any domestic or foreign corporation, limited liability company, or other legal entity created for the purpose of, or engaged in, piping or marketing of coal or lignite in whatever form or mixture convenient for transportation within a pipeline as otherwise provided for in R.S. 30:721 through 723.

           (10) Any domestic or foreign corporation, limited liability company, or other legal entity created for the purpose of, or engaged in, the piping or marketing of carbon dioxide for use in connection with a secondary or tertiary recovery project for the enhanced recovery of liquid or gaseous hydrocarbons approved by the commissioner of conservation, or created for the purpose of, or engaged in, the transportation of carbon dioxide by pipeline for underground storage, including but not limited to through connecting to an existing pipeline transporting carbon dioxide for underground storage, whether owned or operated by the same entity, and which has received a certificate of public convenience and necessity pursuant to the provisions of R.S. 30:1107(B). Property located in Louisiana may be so expropriated for the transportation of carbon dioxide for underground injection in connection with such projects located in Louisiana or in other states or jurisdictions.

           (11) Any domestic or foreign corporation, limited liability company, or other legal entity created for the purpose of, or engaged in, the injection of carbon dioxide for the underground storage of carbon dioxide and that has received a certificate of public convenience and necessity pursuant to the provisions of R.S. 30:1107(A) . Property located in Louisiana may be so expropriated for the underground storage of carbon dioxide in connection with such storage facility projects located in Louisiana, including but not limited to surface and subsurface rights, mineral rights, and other property interests necessary or useful for the purpose of constructing, operating, or modifying a carbon dioxide storage facility. This Paragraph shall not allow for the expropriation of reservoir storage rights for geologic storage of carbon dioxide, except in connection with any project as to which R.S. 30:1108(B)(2) is applicable. This Paragraph shall have no effect on nor does it grant expropriation of the mineral rights or other property rights associated with the approvals required for injection of carbon dioxide into enhanced recovery projects approved by the commissioner under R.S. 30:4.

           (12) Subject to any applicable limitations in this Section, any domestic or foreign corporation, limited liability company, or other legal entity created for the purpose of, or engaged in, any of the activities otherwise provided for in this Section.

           Amended by Acts 1966, No. 62, §1; Acts 1974, Ex.Sess. No. 11, §1; eff. Jan. 1, 1975; Acts 1977, No. 452, §1; Acts 1977, No. 561, §2; Acts 1980, No. 116, §1, eff. June 26, 1980; Acts 1981, No. 760, §1; Acts 1999, No. 358, §1; Acts 2001, No. 4, §1 eff. May 8, 2001; Acts 2007, No. 428, §1, eff. July 11, 2007; Acts 2009, No. 517, §1, eff. August 15, 2009; Acts 2012, No. 702, §1, eff. August 1, 2012; Acts 2020, No. 61, §2, eff. August 1, 2020; Acts 2024, No. 164, §1, eff. August 1, 2024; Acts 2024, No. 620, §1, eff. August 1, 2024.

Notes of Decisions
Cited in 115 cases (2 in the last 5 years), 1953–2021 · leading case: S. Nat. Gas Co. v. Poland, 406 So. 2d 657 (La. Ct. App. 1981).
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S. Nat. Gas Co. v. Poland, 406 So. 2d 657 (La. Ct. App. 1981). · cites it 6× “Compare LRS 48:441 and LRS 19:2 et seq. Obviously in an effort to expedite a Title 19 expropriation, the legislature requires that a defendant file all of his defenses within 15 days after he has been served with notice of the trial date.”
Tennessee Gas Transmission Co. v. Violet Trapping Co., 176 So. 2d 425 (La. 1965). · cites it 8× “This power is inherent in all government, coming into being eo instante with the establishment of the government and continuing as long as the government endures, and does not require recognition by constitutional provision for its existence. Ibid., sec. 1.14, pp. 13-14. It is…”
Louisiana Power & Light Co. v. Caldwell, 360 So. 2d 848 (La. 1978). · cites it 17× “R.S. 19:2 which deals with electric utility companies is the only portion of that statute which requires consideration of the landowner's convenience, the court nevertheless relied on the frequently stated principle that "in the location of rights-of-way considerable discretion…”
ExxonMobil Pipeline Co. v. Union Pac. R.R., 35 So. 3d 192 (La. 2010). · cites it 4× “La. Rev.Stat. § 19:2(8) (emphasis added).”
Humble Pipe Line Co. v. Wm. T. Burton Indus., Inc., 217 So. 2d 188 (La. 1968). · cites it 8× “1 provides that all claims for property by, or for damages to the owner caused by the expropriation of property pursuant to R.S. 19:2 shall be barred by the prescription of two years.”
Gulf States Utils. Co. v. Heck, 191 So. 2d 761 (La. Ct. App. 1966). · cites it 8× “" There is no question but that under the plain meaning of LSA-R.S. 19:2(1) the Gulf States Utilities Company had a right to bring an expropriation suit where a price could not be agreed upon, and it is clear from the record that the price could not *770 be agreed upon.”
Louisiana Power & Light Co. v. Caldwell, 353 So. 2d 1343 (La. Ct. App. 1978). · cites it 7× “We note that of the nine categories under LSA-R.S. 19:2 authorized to expropriate needed property, it is only in category number 7 wherein there is any mention of the convenience of the landowners.”
Gulf & Mississippi River Transp. Co. v. BP Oil Pipeline Co., 730 F.3d 484 (5th Cir. 2013). · cites it 2× “19:2, other than the state or its political corporations or subdivisions, has actually, in good faith believing it had the authority to do so, taken possession of privately owned immovable property of another and constructed facilities upon, under, or over such property with the…”
Louisiana Power & Light Co. v. Caldwell, 353 So. 2d 371 (La. Ct. App. 1978). · cites it 7× “' "We note that of the nine categories under LSA-R.S. 19:2 authorized to expropriate needed property, it is only in category number 7 wherein there is any mention of the convenience of the landowners.”
Sw. Louisiana Elec. Membership Corp. v. Simon, 207 So. 2d 546 (La. Ct. App. 1968). · cites it 6× “19:2) specifically provides that in the case of the transmission of electricity: "The buildings, transmission lines, stations and sub-stations expropriated or for which property was expropriated shall be so located, constructed, operated, and maintained as not to be dangerous to…”
Bd. of Supervisors v. Mid City Holdings, L.L.C., 151 So. 3d 908 (La. Ct. App. 2014). “R.S. 19:2. If such an agreement cannot be reached and all requirements listed in La.”
Calcasieu & S. Ry. Co. v. Witte, 71 So. 2d 854 (La. 1954). · cites it 6× “Since from the evidence it appears that the plaintiff could not possibly have negotiated successfully with the defendant for the right of way, plaintiff claims that this entitles it to bring the suit under the provisions of our statute ([LSA-]R.S. 19:2) and ([LSA-] Civil Code…”
Show all 115 citing cases →
La. Rev. Stat. § 19:2(1): 10 cases
Bd. of Com'rs v. Missouri Pac. R. Co., 625 So. 2d 1070 (La. Ct. App. 1993).
Terrebonne Par. Police Jury v. Kelly, 428 So. 2d 1092 (La. Ct. App. 1983).
Terrebonne Par. Police Jury v. Kelly, 472 So. 2d 229 (La. Ct. App. 1985).
Gulf States Utils. Co. v. Heck, 191 So. 2d 761 (La. Ct. App. 1966). “" There is no question but that under the plain meaning of LSA-R.S. 19:2(1) the Gulf States Utilities Company had a right to bring an expropriation suit where a price could not be agreed upon, and it is clear from the record that the price could not *770 be agreed upon.”
State Ex Rel. Dep't of Highways v. Ouachita Par. Sch. Bd., 138 So. 2d 109 (La. 1961).
La. Rev. Stat. § 19:2(2): 2 cases
Missouri Pac. RR Co. v. Nicholson, 460 So. 2d 615 (La. Ct. App. 1984).
Illinois Cent. R.R. v. Mayeux, 178 F. Supp. 2d 663 (M.D. La. 2000).
La. Rev. Stat. § 19:2(5): 14 cases
S. Nat. Gas Co. v. Poland, 406 So. 2d 657 (La. Ct. App. 1981). “Compare LRS 48:441 and LRS 19:2 et seq. Obviously in an effort to expedite a Title 19 expropriation, the legislature requires that a defendant file all of his defenses within 15 days after he has been served with notice of the trial date.”
Louisiana Resources Co. v. Greene, 406 So. 2d 1360 (La. Ct. App. 1981).
S. Nat. Gas Co. v. Poland, 384 So. 2d 528 (La. Ct. App. 1980).
USG PIPELINE v. 1.74 Acres in Marion Cnty., Tenn., 1 F. Supp. 2d 816 (E.D. Tenn. 1998).
Acadian Gas Pipeline Sys. v. Bourgeois, 890 So. 2d 634 (La. Ct. App. 2004).
La. Rev. Stat. § 19:2(6): 1 case
Sw. Elec. Power Co. v. Conger, 280 So. 2d 254 (La. Ct. App. 1973).
La. Rev. Stat. § 19:2(7): 19 cases
Louisiana Power & Light Co. v. Caldwell, 360 So. 2d 848 (La. 1978). “R.S. 19:2 which deals with electric utility companies is the only portion of that statute which requires consideration of the landowner's convenience, the court nevertheless relied on the frequently stated principle that "in the location of rights-of-way considerable discretion…”
Louisiana Power & Light Co. v. Caldwell, 353 So. 2d 1343 (La. Ct. App. 1978). “We note that of the nine categories under LSA-R.S. 19:2 authorized to expropriate needed property, it is only in category number 7 wherein there is any mention of the convenience of the landowners.”
Louisiana Power & Light Co. v. Caldwell, 353 So. 2d 371 (La. Ct. App. 1978). “' "We note that of the nine categories under LSA-R.S. 19:2 authorized to expropriate needed property, it is only in category number 7 wherein there is any mention of the convenience of the landowners.”
Columbia Gulf Transmission Co. v. Hoyt, 215 So. 2d 114 (La. 1968).
Claiborne Elec. Co-op., Inc. v. Garrett, 357 So. 2d 1251 (La. Ct. App. 1978).
La. Rev. Stat. § 19:2(8): 6 cases
ExxonMobil Pipeline Co. v. Union Pac. R.R., 35 So. 3d 192 (La. 2010). “La. Rev.Stat. § 19:2(8) (emphasis added).”
Exxon Pipeline Co. v. Hill, 788 So. 2d 1154 (La. 2001).
Gulf & Mississippi River Transp. Co. v. BP Oil Pipeline Co., 730 F.3d 484 (5th Cir. 2013). “19:2, other than the state or its political corporations or subdivisions, has actually, in good faith believing it had the authority to do so, taken possession of privately owned immovable property of another and constructed facilities upon, under, or over such property with the…”
Exxon Pipeline Co. v. Hill, 763 So. 2d 144 (La. Ct. App. 2000).
Pipeline Tech. Vi, LLC v. Ristroph, 991 So. 2d 1 (La. Ct. App. 2008).
La. Rev. Stat. § 19:2(9): 14 cases
Gulf States Utils. Co. v. Heck, 191 So. 2d 761 (La. Ct. App. 1966). “" There is no question but that under the plain meaning of LSA-R.S. 19:2(1) the Gulf States Utilities Company had a right to bring an expropriation suit where a price could not be agreed upon, and it is clear from the record that the price could not *770 be agreed upon.”
Louisiana Power & Light Co. v. City of Houma, 229 So. 2d 202 (La. Ct. App. 1969).
Sw. Louisiana Elec. Membership Corp. v. Simon, 207 So. 2d 546 (La. Ct. App. 1968). “19:2) specifically provides that in the case of the transmission of electricity: "The buildings, transmission lines, stations and sub-stations expropriated or for which property was expropriated shall be so located, constructed, operated, and maintained as not to be dangerous to…”
Cent. La. El. Co. v. Covington & St. Tammany L. & I. Co., 131 So. 2d 369 (La. Ct. App. 1961).
Dixie Elec. Membership Corp. v. Watts, 268 So. 2d 128 (La. Ct. App. 1972).
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