Eminent domain proceedings

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RS 1259 - Eminent domain proceedings

The authority is hereby granted the power of eminent domain and proceedings therefor may be instituted and conducted by the authority as is prescribed by R.S. 48:441 through 460 for the expropriation of property by the Department of Transportation and Development. The petition to be filed for the expropriation shall contain the allegations required by R.S. 19:2.1 and shall have annexed thereto a certified copy of a statement adopted by the authority declaring that the taking is necessary or useful for highway purposes, that the location and design of the proposed highway improvement are in accordance with the best modern practices adopted in the interest of safety and convenience of the traveling public and containing a statement of the amount of money estimated to be just and adequate compensation for the taking and, stated separately, an estimate of the amount of damages. The estimate of just and adequate compensation for the taking and the estimate of damages shall be based on a determination by two disinterested realtors living in the vicinity of the improvement and the statement of the authority shall state their names and qualifications. All other procedures for the expropriation shall be as provided in R.S. 48:441 through 460, and references in such Sections to the Department of Transportation and Development, for the purposes hereof, shall be deemed to be references to the authority.

Acts 1954, No. 232, §9. Amended by Acts 1970, No. 247, §1; Acts 1977, No. 220, §1, eff. July 7, 1977; Acts 2006, No. 11, §5.


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