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La. Rev. Stat. § 38:3101 (2026)

Definitions

✓ current as of May 2026
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CHAPTER 14.  RELOCATION ASSISTANCE

§3101.  Definitions

When used in this Chapter:

(1)  "Agency" means the state of Louisiana, its municipalities or parishes, or the agencies of any of them, including particularly, but not exclusively, the Department of Transportation and Development.  

(2)  "Person" means any individual, partnership, corporation or association.  

(3)  "Displaced person" means

(a)  any person who, on or after the effective date of this chapter, moves from real property, or moves his personal property from real property, as a result of the acquisition of such real property, in whole or in part, or as the result of the written order of the acquiring agency to vacate real property, for a program or project undertaken by an agency; and solely for the purposes of R.S. 38:3104(A) and (B) and R.S. 38:3103, as a result of the acquisition of or as the result of the written order of the acquiring agency to vacate other real property, on which such person conducts a business or farm operation, for such program or project; or

(b)  any person who moves or discontinues his business or moves other personal property, or moves from his dwelling on or after the effective date of this chapter as the direct result of code enforcement, demolition or interim assistance activities, or a program of rehabilitation of buildings conducted pursuant to a governmental program.  

(4)  "Business" means any lawful activity, excepting a farm operation, conducted primarily--

(a)  for the purchase, sale, lease and rental of personal and real property, and for the manufacture, processing, or marketing of products, commodities, or any other personal property;

(b)  for the sale of services to the public;

(c)  by a nonprofit organization; or

(d)  solely for the purpose of R.S. 38:3104(A), for assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display or displays, whether or not such display or displays are located on the premises on which any of the above activities are conducted.  

(5)  "Farm operation" shall mean any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale and home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support.  

Added by Acts 1971, No. 116, §1, emerg.  eff. June 14, 1971.  Amended by Acts 1972, No. 207, §1; Acts 1977, No. 216, §1.  

Notes of Decisions
Cited in 7 cases, 1977–1993 · leading case: Beaty v. Imperial Irrigation Dist., 186 Cal. App. 3d 897 (Cal. Ct. App. 1986).
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Beaty v. Imperial Irrigation Dist., 186 Cal. App. 3d 897 (Cal. Ct. App. 1986). · cites it 2× “2; La. Rev. Stat. Ann. § 38:3101, subd. (3)(a); Ky.”
Polk v. State Ex Rel. Dotd, 538 So. 2d 239 (La. 1989). · cites it 4× “R.S. 38:3101, et seq. (1) Statutory Framework In 1970, the United States Congress adopted the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ( 42 U.”
Packard's W. Store, Inc. v. STATE, DOT, 618 So. 2d 1166 (La. Ct. App. 1993). · cites it 2× “In February 1986, the State told Packard's that it was entitled to no more than $10,000 for its losses resulting from the taking, this being the maximum amount of statutory relocation benefits payable to a business tenant who does not relocate its business under the Uniform…”
Polk v. State Through DOTD, 517 So. 2d 1178 (La. Ct. App. 1987). · cites it 3× “OTD appeals, contending the trial court erred in: 1) dismissing its exceptions of prematurity and no cause of action when the evidence showed Polk had not exhausted her administrative remedies prior to filing suit; 2) granting Polk a preliminary injunction and failing to order…”
Polk v. State ex rel. Dep't of Transp. & Dev., 538 So. 2d 239 (La. 1989). · cites it 4× “R.S. 38:3101, et seq. (1) Statutory Framework In 1970, the United States Congress adopted the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ( 42 U.”
Dep't of Transp. & Dev. of Louisiana v. Beaird-Poulan, Inc, 449 U.S. 971 (1981). “The proceedings before the DOTD, which the District Court purported to review, were grounded on La. Rev. Stat. Ann. § 38:3101 et seq. (West Supp.”
Beaird-Poulan Div. of Emerson Elec. Co. v. Dep't of Highways, 441 F. Supp. 866 (W.D. La. 1977). “R.S. 38:3101, et seq. This action was brought against DOTD because that agency refused to entertain Beaird-Poulan’s claim for relocation expenses.”
La. Rev. Stat. § 38:3101(3): 2 cases
Polk v. State Ex Rel. Dotd, 538 So. 2d 239 (La. 1989). “R.S. 38:3101, et seq. (1) Statutory Framework In 1970, the United States Congress adopted the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ( 42 U.”
Polk v. State ex rel. Dep't of Transp. & Dev., 538 So. 2d 239 (La. 1989). “R.S. 38:3101, et seq. (1) Statutory Framework In 1970, the United States Congress adopted the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ( 42 U.”
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