Louisiana Revised Statutes & Codes

La. Rev. Stat. § 9:5626 (2026)

Notwithstanding any other law to the contrary, when lands are appropriated for levees or levee drainage purposes all claims and actions for payment for lands and improvements thereon actually used or destroyed for levees or levee drainage purposes shall prescribe within two years from the date on which the property was actually occupied and used or destroyed for construction of levees or levee drainage works. This prescription shall run against all those persons otherwise excepted by law.

✓ current as of May 2026

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§5626. Actions and claims for lands and improvements used or destroyed for levees or levee drainage purposes

Notwithstanding any other law to the contrary, when lands are appropriated for levees or levee drainage purposes all claims and actions for payment for lands and improvements thereon actually used or destroyed for levees or levee drainage purposes shall prescribe within two years from the date on which the property was actually occupied and used or destroyed for construction of levees or levee drainage works. This prescription shall run against all those persons otherwise excepted by law.

Added by Acts 1958, Ex.Sess., No. 11, §1; Acts 1999, No. 739, §1, eff. July 2, 1999.

Notes of Decisions

Cited in 11 cases, 1959–2002 · leading case: Wynat Dev. Co. v. Bd. of Levee Com'rs, 710 So. 2d 783 (La. 1998).

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Wynat Dev. Co. v. Bd. of Levee Com'rs, 710 So. 2d 783 (La. 1998). · cites it 19× “R.S. 9:5626 or the three year period found in La.”

Wynat Dev. v. Bd. of Levee Com'rs., 696 So. 2d 163 (La. Ct. App. 1997). · cites it 16× “13:5111 or LSA-R.S. 9:5626 is the applicable prescriptive statute in plaintiff's suit for compensation for land taken for levee purposes.”

Elmer v. West Jefferson Levee Dist., 803 So. 2d 229 (La. Ct. App. 2002). · cites it 6× “13:5111(A) (3 years), or LSA-R.S. 9:5626 (2 years). On September 15, 2000, the trial court conducted a hearing on the defendants' Motions for Summary Judgment and Exceptions of Prescription.”

West Jefferson Levee D. v. Coast Quality, 640 So. 2d 1258 (La. 1994). “See also LSA-R.S. 9:5626. The Court does not consider, however, the difference between a Louisiana landowner's protection against " appropriation of property necessary for levee and levee drainage purposes," which is excepted from the protections of Article I, Section 4, and…”

Burdin v. Bd. of Com'rs for Atchafalaya Basin Levee Dist., 533 So. 2d 977 (La. Ct. App. 1988). · cites it 2× “R.S. 9:5626, which provides: § 5626. Actions and claims for lands and improvements used or destroyed for levees or levee drainage purposes When lands are appropriated for levees or levee drainage purposes all claims and actions for payment under Article XVI, Section 6 of the…”

A. K. Roy, Inc. v. Bd. of Commissioners, 111 So. 2d 765 (La. 1959). “” R.S. 9:5626. (Emphasis supplied.) 10 .Art.”

Givens v. Fifth Dist. Levee Bd., 445 So. 2d 781 (La. Ct. App. 1984). · cites it 3× “EXCEPTION OF PRESCRIPTION The relevant prescriptive period is found in LSA-R.S. 9:5626, which provides: “When lands are appropriated for levees or levee drainage purposes all claims and actions for payment under Article XVI, Section 6 of the Constitution of 1921 for lands and…”

Wood v. Bd. of Commissioners ex rel. Pontchartrain Levee Dist., 338 So. 2d 744 (La. Ct. App. 1976). “When this action was commenced in 1962, it was quickly dismissed on an exception of prescription under R.S. 9:5626. This court remanded, finding the evidence insufficient to support the plea of prescription.”

Wood v. Bd. of Commissioners, 151 So. 2d 524 (La. Ct. App. 1963). · cites it 4× “The prescription involved is that of two years under the provisions of LSA-R.S. 9:5626. The petition was filed on May 7, 1962.”

Abaunza v. Bolian, 339 So. 2d 524 (La. Ct. App. 1976). “33:4727 and rejected plaintiffs’ contention that the two year prescription set out in R.S. 9:5626 was applicable. We affirm. Art.”

Thomas v. Bd. of Commissioners for the Pontchartrain Levee Dist., 208 So. 2d 163 (La. Ct. App. 1968). · cites it 2× “Further, by virtue of LSA-R.S. 9:5626, all claims made under this section of the Constitution prescribe in two years after November 17, 1958, prescription beginning to run either from the time of the taking or, in cases where the appropriation was made before the enactment of…”

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