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La. Rev. Stat. § 48:452 (2026)

Laches by defendant forfeits defenses; judgment

✓ current as of May 2026
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§452.  Laches by defendant forfeits defenses; judgment

If a defendant fails to file his answer timely, the department shall thereafter give affirmative notice, by certified mail, to such defendant of the pendency of the proceedings.  If an answer is not filed within ten days after the date on which such notice is mailed, the court shall render final judgment fixing just compensation in the amount deposited into the registry of court and awarding that sum to the defendant.  

Added by Acts 1954, No. 107, §1, eff. June 24, 1954.  Amended by Acts 1968, No. 117, §1; Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975; Acts 1976, No. 391, §1, eff. Oct. 1, 1976.  

Notes of Decisions
Cited in 9 cases, 1961–2014 · leading case: Bd. of Supervisors v. Mid City Holdings, L.L.C., 151 So. 3d 908 (La. Ct. App. 2014).
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Bd. of Supervisors v. Mid City Holdings, L.L.C., 151 So. 3d 908 (La. Ct. App. 2014). · cites it 3× “[h]e file[d] an answer within thirty days from the date he [was] served with process_” La.”
State v. Jackson Brewing Co., 146 So. 2d 504 (La. Ct. App. 1962). · cites it 3× “" "LSA-R.S. 48:452. Laches by defendant forfeits defenses.”
State Dept. of Highways v. Higgins, 135 So. 2d 306 (La. Ct. App. 1961). · cites it 3× “" LSA-R.S. 48:452—"Laches by defendant forfeits defenses.”
State ex rel. Dep't of Highways v. Cefalu, 153 So. 2d 605 (La. Ct. App. 1963). · cites it 3× “48:450, and that in •accordance with LSA-R.S. 48:452, defendant having failed and neglected to file answer timely, that such failure constituted a waiver of all defenses to the suit.”
City of Baton Rouge v. F & K Inv. LLC, 135 So. 3d 760 (La. Ct. App. 2013). · cites it 7× “R.S. 48:452 provides: If a defendant fails to file his answer timely, the [City/Parish] shall thereafter give affirmative notice, by certified mail, to such defendant of the pendency of the proceedings.”
State ex rel. Dep't of Highways v. Baudy, 252 So. 2d 553 (La. Ct. App. 1971). · cites it 4× “117, R.S. 48:452 provided that a defendant’s failure to file answer timely “constitutes a waiver of all his defenses to the suit.”
State, Dept. of Highways v. Ott, 262 So. 2d 397 (La. Ct. App. 1972). · cites it 3× “” At that time, R.S. 48:452 provided that a failure timely to file the answer in an expropriation suit constituted a waiver of all defenses.”
State ex rel. Dep't of Highways v. Bassemier, 203 So. 2d 881 (La. Ct. App. 1967). ““When the owner, who is the defendant in such a suit, claims that the value is in excess of the estimate, he, the defendant, as a result of LSA-R.S. 48:452, has the burden of proving his claim.”
State ex rel. Dep't of Highways v. Terral, 206 So. 2d 307 (La. Ct. App. 1968). “48:450, which is concedely applicable here, allows the defendant in an expropriation suit such as this thirty days after he is served with notice of the suit in which to answer and set forth his claim for additional compensation.”
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