RS 150 - Determining value where entire tract expropriated; jury demand
A. Where an entire lot, block or tract of land is expropriated, any defendant may apply for a trial to determine the market value of the property expropriated, provided:
(1) He files an answer within thirty days from the date he is served with the notice required by R.S. 19:146.
(2) His answer sets forth the amount he claims.
(3) His answer has a certificate thereon showing that a copy thereof has been served personally or by mail on all parties to the suit who have not joined in the answer.
B. If the defendant desires a trial by jury, he shall file his demand for a jury trial within thirty days from the date he is served with the notice required by R.S. 19:146. Failure to demand a jury within the time provided constitutes a waiver of the right to a jury trial.
C. Upon the filing of the answer, the court shall issue an order fixing the time of the trial of the suit. The clerk of court shall thereupon issue a notice to all parties who did not join in the answer of the time fixed for the trial. This notice shall be served at least twenty days before the time fixed for the trial and in the manner provided by law for the service of citations.
Added by Acts 1958, No. 204, §1; Acts 2014, No. 625, §1.
NOTE: See Acts 2014, No. 625, §2, relative to applicability.