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La. Rev. Stat. § 38:351 (2026)

✓ current as of May 2026
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PART V. EXPROPRIATION BY DECLARATION OF TAKING

Notes of Decisions
Cited in 14 cases (3 in the last 5 years), 1987–2023 · leading case: West Jefferson Levee D. v. Coast Quality, 640 So. 2d 1258 (La. 1994).
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West Jefferson Levee D. v. Coast Quality, 640 So. 2d 1258 (La. 1994). · cites it 2× “R.S. 38:351 as follows: [W]henever any levee district or levee and drainage district cannot appropriate or amicably acquire immovable property needed for levee purposes, including but not limited to flooding and hurricane protection *1272 purposes, the levee district or levee…”
Wynat Dev. Co. v. Bd. of Levee Com'rs, 710 So. 2d 783 (La. 1998). · cites it 3× “9:5626, which Wynat argues provides the prescriptive period applicable to its claim for compensation for land actually used for levee purposes, states: § 5626.”
State v. St. Charles Airline Lands, Inc., 871 So. 2d 674 (La. Ct. App. 2004). · cites it 2× “The Levee District instituted expropriation proceedings by filing petitions for expropriation, pursuant to LSA-R.S. 38:351, et seq., on May 31, 1991, and January 24, 1994 [1] , and orders of expropriation were signed for the property sought in each petition.”
Hooper v. Hero Lands Co., 128 So. 3d 691 (La. Ct. App. 2013). · cites it 3× “R.S. § 38:351 provides: Notwithstanding any other law to the contrary, and in addition to the methods and procedures for acquisition or utilization of servitudes for levee and related purposes by levee districts and levee and drainage districts, whenever any levee district or…”
West Jefferson Levee Dist. v. Coast Quality Const. Corp., 620 So. 2d 319 (La. Ct. App. 1993). · cites it 2× “R.S. 38:351 et seq. The property involved both federal jurisdictional wetlands and non-wetlands and was expropriated for the construction of the Jefferson Parish westbank hurricane protection levee.”
West Jefferson Levee Dist. v. Mayronne, 595 So. 2d 672 (La. Ct. App. 1992). “PROCEEDINGS IN TRIAL COURT On March 6, 1987 the Levee District instituted expropriation proceedings against the defendants under the "quick taking" statute, LSA-R.S. 38:351, et seq., which authorizes a levee district to acquire property for levee purposes prior to judgment.”
Bd. of Levee Com'rs v. Newport Ltd., 578 So. 2d 191 (La. Ct. App. 1991). “The Board deposited $113,388 in the Court's registry as the value of the property and $33,176 for severance damages to an adjoining 15.”
Bd. of Levee Commissioners of Orleans Levee Dist. v. Newport Ltd., 517 So. 2d 406 (La. Ct. App. 1987). · cites it 4× “R.S. 38:351, et seq. and immediately acquired the rights to the 25 acre tract.”
Bd. of Commissioners v. Acosta, 562 So. 2d 15 (La. Ct. App. 1990). “under the provisions of LSA-R.S. 38:351. After filing its petition for expropriation on March 16, 1984, the Levee District deposited the sum of $1,000.”
Bd. of Commissioners v. Caluda, 557 So. 2d 373 (La. Ct. App. 1990). “et al under the provisions of LSA-R.S. 38:351. After filing its original petition on February 17, 1983, the Levee District deposited the sum of $25,589.”
Bd. of Commissioners for the Pontchatrain Levee Dist. Versus Nature Land Co., LLC (La. Ct. App. 2021). · cites it 3× “R.S. 38:351, et. seq.1 For reasons stated more fully below, we grant the Board’s writ application and remand to the trial court to enter an order of expropriation in accordance with La.”
State of Louisiana, Coastal Prot. & Restoration Auth. Versus Ernest Henry Amann, Tirza Mastainich Burghoffer, Scott A. Mastainich, Daron M. Mastainich, & Succession of Erna Amann Theriot (La. Ct. App. 2023). “R.S. 38:351, concluded that “the expropriation as prayed for does not comply with the mandatory language of the statute, and the expropriation does not meet the 23-C-593 1 requirements mandating a denial of the request to take private property.”
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