The United States and Louisiana Constitutions permit the taking (“condemnation” or “expropriation”) of private property without the consent of the owner, provided that the taking is for a public purpose or use and just compensation is paid. In Louisiana, expropriating authorities exercise this power pursuant to specialized procedures intended by the Louisiana Legislature to guarantee due process to landowners. The statutes governing expropriation suits are somewhat complex and lack uniformity among various types of takings, and trial procedures differ greatly from ordinary proceedings.

After Hurricanes Katrina and Rita, many Louisiana landowners have less property that can be taken, but a recent decision by the United States Supreme Court, Kelo v. City of New London,1 may assist Louisiana governmental agencies in taking property to promote economic development and rebuilding in the aftermath of these devastating hurricanes.

The Fifth Amendment to the Constitution, made applicable to the states by the 14th Amendment, provides that “private property [shall not] be taken for public use, without just compensation.” Article 1, § 4 of the Louisiana Constitution of 1974 provides similarly that “[p]roperty shall not be taken or damaged by the state or its political subdivisions except for public purposes and with just compensation paid to the owner or into court for his benefit.” The terms “public use” and “public purposes” are defined in neither the United States nor Louisiana Constitutions; although these terms have always been interpreted rather broadly, the recent decision by the United States Supreme Court in Kelo v. City of New London2 appears to have broadened them still further. Continue reading →