RS 375 - Ex parte order for deposit; vesting of title
A. Upon presentation of the petition, the court shall issue an order directing the amount of the estimate be deposited in the registry of the court and declaring the property described in the petition transferred to the governing authority for drainage maintenance or improvements at the time of deposit. Upon the deposit of the estimate in the registry of the court for the benefit of the property owners, the clerk of court shall issue a receipt showing the amount deposited, the date of the deposit, suit caption, and the description of the property described in the petition.
B.(1) Upon the governing authority depositing the amount ordered by the court, title to the property specified in the petition shall vest in the governing authority, and the right to just and adequate compensation therefor shall vest in the property owners. Upon vesting of title, the governing authority may enter upon and take possession of the property if there are no inhabited improvements located upon the expropriated property.
(2) If any inhabited improvement is located wholly or partially upon the property expropriated, the court may postpone the right of entry for up to thirty calendar days from the date on which the last defendant was served with the notice; however, the governing authority may request the court to order possession surrendered after a longer delay upon the court fixing a reasonable rental to be paid to the governing authority by a defendant in possession of the property for each day the defendant remains in possession after the withdrawal of any part of the deposited funds.
Acts 2020, No. 229, §1, eff. June 11, 2020.