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La. Rev. Stat. § 48:445 (2026)

Vesting of title

✓ current as of May 2026
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§445.  Vesting of title

Upon the deposit of the amount of the estimate in the registry of the court, for the use and benefit of the persons entitled thereto, the clerk shall issue a receipt showing the amount deposited, the date it was deposited, the style and number of the cause, and the description of the property and property rights, as contained in the petition.  Upon such deposit, title to the property and the property rights specified in the petition shall vest in the department and the right to just compensation therefor shall vest in the persons entitled thereto.  

Added by Acts 1954, No. 107, §1, eff. June 24, 1954; Amended by Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975; Acts 1988, No. 882, §1.

Notes of Decisions
Cited in 41 cases, 1956–2004 · leading case: State, Dept. of Highways v. Jeanerette Lumber & Shingle Co., 350 So. 2d 847 (La. 1977).
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State, Dept. of Highways v. Jeanerette Lumber & Shingle Co., 350 So. 2d 847 (La. 1977). · cites it 2× “" Former LSA-R.S. 48:445. "Any defendant desiring to contest the validity of the taking on the ground that the property was not expropriated for a public use may file a motion to dismiss the suit within ten days from the date the notice [of the expropriation] was served on him.”
State Through DOTD v. Est. of Davis, 572 So. 2d 39 (La. 1990). “R.S. 48:445 further provides that "[u]pon the deposit of the amount of the estimate in the registry of the court for the use and benefit of the persons entitled thereto,.”
City of Baton Rouge v. Johnca Props., L.L.C., 873 So. 2d 693 (La. Ct. App. 2004). · cites it 2× “R.S. 48:445 provides that title to property vests in the City/Parish upon payment of this estimated deposit as follows: Upon the deposit of the amount of the estimate in the registry of the court, for the use and benefit of the persons entitled thereto, the clerk shall issue a…”
State Ex Rel. Dep't of Highways v. Bradford, 141 So. 2d 378 (La. 1962). · cites it 2× “48:222: "The department may acquire by purchase, lease, donation, or expropriation and may operate any gravel bed, fill or rock deposit, marble or granite quarry, or land from which earth can be obtained, or other natural resources or deposits susceptible of being used for the…”
State, Dept. of Transp. & Dev. v. Jacob, 483 So. 2d 592 (La. 1986). “This case should be decided under the provisions of R.S. 48:445 and R.S. 9:2721-2722. MARCUS, Justice (dissenting).”
STATE, DOTD v. Scramuzza, 608 So. 2d 1069 (La. Ct. App. 1992). · cites it 2× “R.S. 48:445). In the latter provision, interest is due from date of legal demand for compensation.”
State Dept. of Transp. & Dev. v. Winn, 463 So. 2d 648 (La. Ct. App. 1984). “R.S. 48:445. It is on this date that the value of the property must be determined.”
State Ex Rel. Dep't of Highways v. Holmes, 205 So. 2d 416 (La. 1967). · cites it 2× “" (R.S. 48:445). Furthermore, R.S. 48:459 declares: "No appeal in any expropriation suit brought under these provisions shall operate to prevent or delay the vesting of title in the plaintiff.”
State ex rel. Dep't of Highways v. Boudreaux, 401 So. 2d 428 (La. Ct. App. 1981). · cites it 2× “If expropriation is made under this statute the statutory provisions must be strictly complied with as only then does the vesting of title in the State take place under LSA-R.S. 48:445, because, as was said in State v.”
State Through Dept. of Highways v. Ellender, 379 So. 2d 1069 (La. 1980). “R.S. 48:445. The issue of the validity of the taking must be raised by a motion to dismiss the suit, which must be filed within ten days of notice of the deposit.”
State Dept. of Transp. & Dev. v. Stumpf, 519 So. 2d 279 (La. Ct. App. 1988). “LSA-R.S. 48:445. The concept of compensation to the full extent of the landowners' loss requires not only that a landowner be paid no less than that amount, but also that he be paid no more than that amount.”
State, Through Dept. of Highways v. Champagne, 356 So. 2d 1136 (La. Ct. App. 1978). “R.S. 48:445. Title to the building was vested *1141 in the Department as of that date.”
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