§8. Trial with dispatch; judgment; appraisals; payment in court registry
A.(1) Expropriation suits shall be tried by preference and shall be conducted with the greatest possible dispatch. All issues shall be decided by the trial judge, except compensation when either party has demanded a trial by jury to determine compensation.
(2) Notwithstanding the provisions of R.S. 19:5, if the defendant files a timely answer, exception, or other responsive pleading challenging any issue other than compensation, the court shall set the matter for hearing within thirty days after filing of the pleading and shall render a decision within five days after the case is submitted, which time periods may be extended for good cause shown. If the court rules in favor of the expropriating authority, upon motion of either party, the trial on compensation shall be set within forty-five days thereafter, which time period may be extended for good cause shown.
(3) Immediately after compensation has been determined, the plaintiff shall, upon motion of the defendant, present evidence as to the highest amount it offered the defendant for the property and severance damages, if any, prior to the trial on the merits. After hearing evidence on the issue, the court shall determine the highest amount offered. If the highest amount offered is less than the compensation awarded for the property and severance damages, if any, the court may award reasonable attorney fees to the defendant. The expropriating authority shall not be entitled to possession or ownership of the property until a final judgment has been rendered and payment has been made to the owner or paid into the registry of the court, except as may otherwise be stipulated by the parties.
B. If either party has demanded a trial by jury to determine compensation, the trial shall be in accordance with the general laws regulating trial by jury, except as provided in this Part and except that in order to render any verdict, five of the jurors must concur therein. The jury shall consist of six jurors. The judge may allow the jurors to take a concise summary into the jury room as provided in R.S. 48:451.18. The number of peremptory challenges is as provided for in R.S. 48:451.9.
C. After the trial to determine compensation the court shall render judgment against the plaintiff in the amount of the compensation determined to be due the owner.
D. The expropriating authority shall present its evidence of value first.
E. Absent an express stipulation by the parties, the plaintiff shall present a prima facie case of the public and necessary purpose of the proposed acquisition.
Amended by Acts 1974, Ex.Sess., No. 11, §1, eff. Jan. 1, 1975; Acts 2012, No. 702, §1, eff. August 1, 2012.
Notes of Decisions
Rivet v. State, Dept. of Trans. & Dev., 680 So. 2d 1154 (La. 1996).
· cites it 6× “R.S. 19:8, which authorizes an award of attorney fees in an expropriation suit, states, in pertinent part: If the highest amount offered is less than the compensation awarded, the court may award reasonable attorney fees.”
Louisiana Resources Co. v. Greene, 406 So. 2d 1360 (La. Ct. App. 1981).
· cites it 9× “Award of attorney fees inconsistent with and in violation of the provisions of LSA-R.S. 19:8; 2. Excessive awards for expert witnesses; 3.”
Bd. of Supervisors v. Dixie Brewing Co., 200 So. 3d 977 (La. Ct. App. 2016).
· cites it 3× “R.S. 19:8(A)(2). As with the Louisiana Constitution, the statutory measure of compensation to the landowner is “the.”
State v. Miss Chub, L.L.C., 92 So. 3d 422 (La. Ct. App. 2012).
· cites it 9× “R.S. 19:8 seems clear—to encourage fair offers by the plaintiff, and to encourage reasonableness on the part of defendants.”
City of Shreveport v. Chanse Gas Corp., 794 So. 2d 962 (La. Ct. App. 2001).
· cites it 2× “Its reading of R.S. 19:8 is strained. The statute reads, "If the highest amount offered is less than the compensation awarded, the court may award reasonable attorney fees"; this is not modified by a limiting clause such as "for the compensation trial only.”
Pointe Coupee Elec. Mem. Corp. v. Mounger, 447 So. 2d 1104 (La. Ct. App. 1984).
· cites it 4× “" We further note that it has been held that in any case where the highest amount offered is less than the amount obtained by the landowner in the judicial assertion of his rights, the landowner is entitled to reasonable attorney's fees pursuant to LSA R.S. 19:8. Claiborne Elec.…”
Bd. of Supervisors of La. State Univ. v. Gerson, 260 So. 3d 634 (La. Ct. App. 2018).
· cites it 6× “R.S. 19:8 ], and I'm going to be honest with you, I think it's a novel question and a novel issue and I'm going to deny the Motion for New Trial.”
Shell Pipe Line Corp. v. Sarver, 442 So. 2d 884 (La. Ct. App. 1983).
· cites it 5× “On appeal Sarver contends that he is entitled to attorney fees under LSA-R.S. 19:8. Further, he contends that the appraiser's fee should have been fixed at $2,650.”
S. Nat. Gas Co. v. Poland, 406 So. 2d 657 (La. Ct. App. 1981).
· cites it 3× “ATTORNEY FEES If the highest amount offered by the expropriator is less than the compensation awarded to the owner of the property right expropriated, LRS 19:8 provides that the court may award reasonable attorney fees.”
Bd. of Supervisors v. Mid City Holdings, L.L.C., 151 So. 3d 908 (La. Ct. App. 2014).
“R.S. 19:8 C. The expropriator is not entitled 11Bto property rights until payment (including by deposit) “of the compensation fixed in the final judgment ” is made to the property owner.”
Trans Louisiana Gas Co. v. Heard, 629 So. 2d 500 (La. Ct. App. 1993).
· cites it 4× “Initially, we note that LSA-R.S. 19:8 authorizes the award of reasonable attorney's fees, not a specific percentage based on the compensation awarded.”
— La. Rev. Stat. § 19:8(3) — 1 case
— La. Rev. Stat. § 19:8(A) — 5 cases
Trans Louisiana Gas Co. v. Heard, 629 So. 2d 500 (La. Ct. App. 1993).
“Initially, we note that LSA-R.S. 19:8 authorizes the award of reasonable attorney's fees, not a specific percentage based on the compensation awarded.”
State v. Miss Chub, L.L.C., 92 So. 3d 422 (La. Ct. App. 2012).
“R.S. 19:8 seems clear—to encourage fair offers by the plaintiff, and to encourage reasonableness on the part of defendants.”
— La. Rev. Stat. § 19:8(A)(2) — 1 case
Bd. of Supervisors v. Dixie Brewing Co., 200 So. 3d 977 (La. Ct. App. 2016).
“R.S. 19:8(A)(2). As with the Louisiana Constitution, the statutory measure of compensation to the landowner is “the.”
— La. Rev. Stat. § 19:8(A)(3) — 5 cases
Bd. of Supervisors v. Dixie Brewing Co., 200 So. 3d 977 (La. Ct. App. 2016).
“R.S. 19:8(A)(2). As with the Louisiana Constitution, the statutory measure of compensation to the landowner is “the.”
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