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La. Rev. Stat. § 19:9 (2026)

Measure of compensation; "extent of loss"

✓ current as of May 2026
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§9. Measure of compensation; "extent of loss"

A. In determining the value of the property to be expropriated, and any damages caused to the defendant by the expropriation, the basis of compensation shall be the value which the property possessed before the contemplated improvement was proposed, without deducting therefrom any general or specific benefits derived by the owner from the contemplated improvement or work.

B. The defendant shall be compensated to the full extent of his loss. The court shall include in its consideration the difference between the rate of interest of any existing mortgage on an owner-occupied residence and the prevailing rate of interest required to obtain a mortgage on another owner-occupied residence of equal value.

Amended by Acts 1974, Ex.Sess., No. 11, §1, eff. Jan. 1, 1975; Acts 1983, No. 33, §1; Acts 2012, No. 702, §1, eff. August 1, 2012.

Notes of Decisions
Cited in 72 cases (3 in the last 5 years), 1954–2026 · leading case: ST. BERNARD PORT, HARBOR & TERMINAL Dist. v. VIOLET DOCK PORT, INC., LLC St. Bernard Port, Harbor & Terminal Dist. v. Violet Dock Port, Inc., LLC St. Bernard Port, Harbor & Terminal Dist. v. Violet Dock Port, Inc., LLC, 239 So. 3d 243 (La. 2018).
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ST. BERNARD PORT, HARBOR & TERMINAL Dist. v. VIOLET DOCK PORT, INC., LLC St. Bernard Port, Harbor & Terminal Dist. v. Violet Dock Port, Inc., LLC St. Bernard Port, Harbor & Terminal Dist. v. Violet Dock Port, Inc., LLC, 239 So. 3d 243 (La. 2018). · cites it 6× “R.S. 19:9 provides limited guidance as to how to determine the “full extent of the loss.”
Exxon Pipeline Co. v. Hill, 788 So. 2d 1154 (La. 2001). · cites it 3× “R.S. 19:9 guides our inquiry to a determination of "the value which the property possessed before the contemplated improvement was proposed, without deducting therefrom any amount for the benefit derived by the owner from the contemplated improvement or work.”
St. Bernard Port, Harbor & Terminal Dist. v. Violet Dock Port, Inc., LLC, 809 F. Supp. 2d 524 (E.D. La. 2011). · cites it 4× “See La.Rev. Stat. § 19:9; State, Dept. of Transp.”
State, Dep't of Highways v. Landry, 171 So. 2d 779 (La. Ct. App. 1965). · cites it 4× “[1] In Louisiana, an applicable statute specifically provides, LSA-R.S. 19:9: "In estimating the value of the property to be expropriated, the basis of assessment shall be the value which the property possessed before the contemplated improvement was proposed, without deducting…”
State, Dep't of Highways v. McPherson, 259 So. 2d 33 (La. 1972). · cites it 2× “In our opinion the award for severance damage by the trial court was well-founded, and the dirt sales are not special benefits to McPherson's property which may be offset against severance damage. By statute no deduction can be made from the value of the property expropriated on…”
State, Through Dep't of Highways v. Hoyt, 284 So. 2d 763 (La. 1973). · cites it 2× “R.S. 19:9. See also Civil Code Article 2633.”
Acadian Gas Pipeline Sys. v. Bourgeois, 890 So. 2d 634 (La. Ct. App. 2004). · cites it 2× “R.S. 19:9(A). "If the highest amount offered is less than the compensation awarded, the court may award reasonable attorney fees.”
Gulf & Mississippi River Transp. Co. v. BP Oil Pipeline Co., 730 F.3d 484 (5th Cir. 2013). “the consent or acquiescence of the owner of the property, it shall be presumed that the owner of the property has waived his right to receive just compensation prior to the taking, and he shall be entitled only to bring an action for judicial determination of whether the taking…”
Tennessee Gas Transmission Co. v. Violet Trapping Co., 176 So. 2d 425 (La. 1965). · cites it 2× “It follows that an expropriating authority, which has an inchoate title and has deposited in the Registry of Court for the benefit of the defendant the amount awarded by the trial court (LSA-R.S. 19:9, West's LSA-C.C., Art. 2628), has met the requirements of the Constitution.”
State, Dept. of Highways v. Bitterwolf, 415 So. 2d 196 (La. 1982). “R.S. 19:9 (1950). The statutory prohibition, of course, applies only to deducting benefits from the award for the taking itself; the *201 deduction of special benefits from severance damages otherwise allowable is sanctioned by our jurisprudence, even though such benefits cannot…”
Bd. of Supervisors v. Dixie Brewing Co., 200 So. 3d 977 (La. Ct. App. 2016). “R.S. 19:9(B) (emphasis added). Under the expropriation statute, immediately after the trial court determines compensation, the plaintiff “shall present: evidence as to the highest amount it offered the defendant for the property and severance damages, if any, prior to the trial…”
Borgnemouth Realty Co. v. Par. of St. Bernard, 141 So. 3d 891 (La. Ct. App. 2014). ““The highest and best use” doctrine strives to fix the value of property “before the contemplated improvement was proposed, without deducting therefrom 11sany general or specific benefits derived by the owner from the contemplated improvement or work.”
Show all 72 citing cases →
— La. Rev. Stat. § 19:9(A) — 4 cases
ST. BERNARD PORT, HARBOR & TERMINAL Dist. v. VIOLET DOCK PORT, INC., LLC St. Bernard Port, Harbor & Terminal Dist. v. Violet Dock Port, Inc., LLC St. Bernard Port, Harbor & Terminal Dist. v. Violet Dock Port, Inc., LLC, 239 So. 3d 243 (La. 2018). “R.S. 19:9 provides limited guidance as to how to determine the “full extent of the loss.”
Acadian Gas Pipeline Sys. v. Bourgeois, 890 So. 2d 634 (La. Ct. App. 2004). “R.S. 19:9(A). "If the highest amount offered is less than the compensation awarded, the court may award reasonable attorney fees.”
Taylor v. State, Dept. of Transp., 879 So. 2d 307 (La. Ct. App. 2004).
City of Ruston, Louisiana v. Fam. Inv. Resources, LLC (La. Ct. App. 2021).
— La. Rev. Stat. § 19:9(B) — 3 cases
Bd. of Supervisors v. Dixie Brewing Co., 200 So. 3d 977 (La. Ct. App. 2016). “R.S. 19:9(B) (emphasis added). Under the expropriation statute, immediately after the trial court determines compensation, the plaintiff “shall present: evidence as to the highest amount it offered the defendant for the property and severance damages, if any, prior to the trial…”
Acadian Gas Pipeline Sys. v. Bourgeois, 890 So. 2d 634 (La. Ct. App. 2004). “R.S. 19:9(A). "If the highest amount offered is less than the compensation awarded, the court may award reasonable attorney fees.”
State v. Miss Chub, L.L.C., 92 So. 3d 422 (La. Ct. App. 2012).
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