§146. Notice to defendant
Upon receipt of the deposit, the clerk of court shall issue a notice to each defendant in the suit, notifying him that the property described in the petition has been expropriated for public purposes.
This notice, together with a certified copy of the order, the petition and the clerk's receipt for the deposit, shall be delivered by the clerk to the proper sheriff for service on each defendant in the manner provided for the service of citations.
Added by Acts 1958, No. 204, §1.
Notes of Decisions
Bd. of Supervisors v. Mid City Holdings, L.L.C., 151 So. 3d 908 (La. Ct. App. 2014).
“R.S. 19:146 (emphasis added). | (¡Within ten days of service of the notice, a property owner may contest the validity of the taking on the ground that the property was not expropriated for a public use by filing a motion to dismiss the suit, which motion shall be tried…”
Alderdice v. Bd. of Supervisors, 107 So. 3d 7 (La. Ct. App. 2012).
“R.S. 19:146. When “an entire lot” is expropriated, “any defendant may apply for a trial to determine the market value of the property expropriated” provided that certain conditions are met, including that the defendant answer the suit within 30 days of service of the notice and…”
Bd. of Supervisors of Louisiana State Univ. v. Bickham, 163 So. 3d 119 (La. Ct. App. 2015).
· cites it 2× “R.S. 19:146. All defenses contesting the validity of the expropriation, save a request for additional compensation, are waived unless a defendant files a motion to dismiss within ten days of the service of the notice provided by La.”
State of Louisiana, Coastal Prot. & Restoration Auth. Versus Angelique Levet Aycock, Claude A. Levet, Dssl Props., LLC, Emilie Levet Blank, Jacques P. Levet, Joanna Levet Petrie, Lawrence P. Levet, Lester J. Millet, Jr., Suzanne Levet Ulmer, Winnie Lodrigues, Jr., & Yvette Levet Dornier (La. Ct. App. 2023).
· cites it 2× “R.S. 19:146. CPRA contends that as of the filing of this writ application, no service returns have been placed in the record.”
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