Louisiana Expropriation of Property Act, Amendment 6 (September 2006)

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Louisiana Constitution
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Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXIIXIIIXIV
Louisiana Amendment 6 (Primary), also known as the Procedures for the Expropriation of Property Act, was on the September 30, 2006 primary election ballot in Louisiana as a legislatively-referred constitutional amendment, where it was approved.[1]

Election results

Amendment 6, Primary
ResultVotesPercentage
Approveda Yes 302,177 50.28%
No298,77549.72%

Text of measure

The language that appeared on the ballot:

To be considered in the September 30, 2006 primary election. To prohibit, except in limited instances, the transfer or lease of property expropriated by the state or its political subdivisions to any person without first offering the property to the original owner; to provide that unused expropriated property be declared surplus property to be first offered to the original owner prior to sale to the general public by competitive bid. (Adds Article I, Section 4(G))

HOUSE BILL NO. 707, REGULAR SESSION, 2006

Present Constitution provides that every person has the right to acquire, own, control, use, enjoy, protect and dispose of private property subject to reasonable statutory restrictions and reasonable exercise of the police power. Present Constitution further provides that property shall not be taken or damaged by the state or its political subdivision except for public purposes and with just compensation paid to the owner or into court for his benefit. Property shall not be taken or damaged by any private entity authorized by law to expropriate, except for a public and necessary purpose and with just compensation paid to the owner; in such proceedings, whether the purpose is public and necessary shall be a judicial question. Further provides that a party in every expropriation has the right to trial by jury to determine compensation and the owner shall be compensated to the full extent of his loss. Also provides that no business enterprise or any of its assets shall be taken for the purpose of operating that enterprise or halting competition with a government enterprise. However, a municipality may expropriate a utility within its jurisdiction. Also provides that this section of this constitution shall not apply to appropriation of property necessary for levee and levee drainage purposes.

Present Constitution further provides that the legislature may place limitations on the extent of recovery for the taking of, or loss or damage to, property rights affected by coastal wetlands conservation, management, preservation, enhancement, creation or restoration activities.

Proposed Constitutional Amendment provides that the state or its political subdivisions shall not sell or lease property which has been expropriated and held for not more than 30 years without first offering the property to the original owner or his heir, or, if there is no heir, to the successor in title to the owner at the time of expropriation at the current fair market value, after which the property can only be transferred by competitive bid open to the general public, except for leases or operation agreements for port facilities, highways, qualified transportation facilities or airports. The state or political subdivision may sell or otherwise transfer the property as provided by law after 30 years have passed from the date the property was expropriated.

Proposed Constitutional Amendment further provides that the state or its political subdivision which expropriated the property is required to identify all property which is not necessary for the public purpose of the project and declare the property as surplus property within 1 year after completion of the project for which the property was expropriated.

Proposed Constitutional Amendment further provides that within 2 years after completion of the project that all expropriated property identified as surplus property shall be offered for sale to the original owner or his heir, or, if there is no heir, to the successor in title to the owner at the time of expropriation at the current fair market value. Authorizes the surplus property to be offered for sale to the general public by competitive bid if the original owner, heir, or other successor in title refuses or fails to purchase the surplus property within 3 years from completion of the project.

Proposed Constitutional Amendment further provides that the original owner or his heir, or, if there is no heir, the successor in title to the owner at the time of expropriation may petition the state or its political subdivision which expropriated the property to have all or any portion of his property declared surplus after 1 year from the completion of the project for which the property was expropriated. Authorizes the original owner or the successor in title to petition any court of competent jurisdiction to have the property declared surplus if the state or its political subdivision refuses or fails to identify all or any portion of the expropriated property as surplus.

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