PART V. MISCELLANEOUS PROVISIONS
§201. Attorney fees; unsuccessful or abandoned expropriation suits
A. A court of Louisiana having jurisdiction of a proceeding instituted by any expropriating authority referred to in R.S. 19:2 shall award the owner of any right, or title to, or interest in the property sought to be expropriated such sum as will, in the opinion of the court, reimburse such owner for his reasonable attorney fees, and court costs, actually incurred because of the expropriation proceeding, if the final judgment is that the plaintiff does not acquire at least fifty percent of the immovable property requested in the petition for expropriation or if the proceeding is abandoned by the plaintiff. If the expropriating authority is the state or its political corporations or subdivisions, any such award shall be paid from the same funds from which the purchase price of the property would have been paid.
B. The rights of the owner herein fixed are in addition to any other rights he may have under the Constitution of Louisiana.
Added by Acts 1972, No. 121, §1; Acts 2011, No. 316, §1, eff. June 28, 2011; Acts 2012, No. 702, §1, eff. August 1, 2012.
Notes of Decisions
City of Shreveport v. Chanse Gas Corp., 794 So. 2d 962 (La. Ct. App. 2001).
· cites it 3× “[9] The City countered that because the jury awarded a fair market value less than the City's final offer for the property, the defendants were not entitled to attorney fees for the taking trial, citing R.S. 19:201 and Illinois Central R. Co. v.”
Town of Walker v. Stafford, 833 So. 2d 349 (La. Ct. App. 2002).
· cites it 6× “Defendants responded by filing a motion to dismiss the suit with prejudice and to assess attorney’s fees and costs against -the Town of Walker, pursuant to LSA-R.S. 19:201. Following a hearing on the motion, the trial court rendered judgment, dismissing the petition for…”
State Dept. of Transp. & Dev. v. Illinois Cent. Gulf Rr Co., 464 So. 2d 401 (La. Ct. App. 1985).
· cites it 5× “The principal issue in this appeal deals with the applicability of LSA R.S. 19:201, which provides for attorney's fees in unsuccessful or abandoned expropriations, to Title 48 quick-taking expropriations.”
New Orleans Redevelopment Author. v. Lucas, 881 So. 2d 1246 (La. Ct. App. 2004).
“Without deciding if he was an "owner" under that statute, we held he was not entitled to attorney's fees. [6] As NORA requested in its expropriation petition, the trial court appointed a curator to represent Mr.”
Terrebonne Par. Police Jury v. Kelly, 472 So. 2d 229 (La. Ct. App. 1985).
· cites it 2× “R.S. 19:201 was found to be improper. The case was reversed and remanded to the trial court in order to allow the expropriation suit to proceed.”
Par. of Jefferson v. Harimaw, Inc., 297 So. 2d 694 (La. Ct. App. 1974).
· cites it 2× “LSA-R.S. 19:201. Defendant contends that (1) since its answer constituted a general appearance the dismissal should have been "something other than without prejudice" and, therefore, the district court's dismissal without prejudice was arbitrary and improper; and (2) the…”
Prentice Oil & Gas Co. v. State, Dept. of Transp. & Dev., 421 So. 2d 937 (La. Ct. App. 1982).
“On the question of attorney fees and other expenses of litigation, the trial court applied LSA-R.S. 19:201, which reads in part as follows: "A court of Louisiana having jurisdiction of a proceeding instituted by the State of Louisiana, a parish, a municipality or an agency of…”
Louisiana Intrastate Gas Corp. v. Ledoux, 347 So. 2d 4 (La. Ct. App. 1977).
· cites it 5× “The landowners do not claim that their rights to attorney fees are contractual, and we find no jurisprudence which allows them such fees.”
Annotations are extracted automatically from the opinions in the
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