§5. Time of trial; notice to defendant
A. Upon the institution of a suit for expropriation, the trial court shall issue an order fixing the time of the trial of the suit which shall not be less than sixty days from the filing of the suit.
B. The clerk of court shall issue to the defendant, at least sixty days before the time fixed for the trial, a notice accompanied by a certified copy of the petition, copies of all exhibits, and a certified copy of the order for trial.
C. The notice shall contain the following:
(1) The date of issuance.
(2) The title of the cause.
(3) The name of the person to whom it is addressed.
(4) The title and location of the court issuing it.
(5) The date fixed for trial.
(6) A statement that the defendant must file an answer, exception, or other responsive pleading within the thirty-day period after service of citation and that failure to do so within the thirty-day period constitutes a waiver by the defendant of all defenses to the suit except claims for compensation.
Acts 1983, No. 408, §1; Acts 2012, No. 702, §1, eff. August 1, 2012.
Notes of Decisions
Bd. of Supervisors v. Mid City Holdings, L.L.C., 151 So. 3d 908 (La. Ct. App. 2014).
“R.S. 19:5 C(6). See also La. R.S. 19:7. A trial would then occur in which “the court shall render judgment against the [expropriating authority] in the amount of the compensation determined to be due the owner.”
State v. Ransome, 392 So. 2d 490 (La. Ct. App. 1980).
“R.S. 19:5. The property sought to be expropriated was previously owned by Pike Burden, who conducted a printing business on Square C & used Lot 7 as a parking lot.”
Tenneco Inc. v. Earhart, 220 So. 2d 109 (La. Ct. App. 1969).
· cites it 3× “Applicable here are the provisions of LSA-R.S. 19:5, relating to the type of notice or citation which is required in an expropriation suit of this type.”
City of New Orleans v. Giraud, 115 So. 2d 349 (La. 1959).
“No answer was filed, but a trial was held in order to determine the compensation due defendant (R.S. 19:5, 19:7). The large tracts owned by defendant, from which the city expropriated the portions here in question, are located in the Third Municipal District, fronting on the…”
McMickens v. McMickens, 386 So. 2d 972 (La. Ct. App. 1980).
“the alleged insufficiency of the citation or statutory notice (LSA-R.S. 19:5), not questioned by declinatory exception, cannot be questioned on appeal.”
East Feliciana Par. v. Richland Plantation, 943 So. 2d 387 (La. Ct. App. 2006).
· cites it 9× “R.S. 19:5 C. On April 8, 2002, the trial court signed an order and issued a notice setting the matter for "pre" trial, as indicated by a handwritten notation, on May 13, 2002.”
In re Johnson, 449 So. 2d 157 (La. Ct. App. 1984).
“2d 872 , we stated: “the alleged insufficiency of the citation or statutory notice (LSA-R.S. 19:5), not questioned by declinatory exception, cannot be questioned on appeal.”
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