La. R.S. § 48:221 Acquisition of Balance of Land In Certain Cases; Disposition; Exchange; Excess Property

LibraryLouisiana Statutes
Edition2023
CurrencyCurrent with changes from the 2023 Legislative Session
Year2023
CitationLa. R.S. § 48:221

A.

(1) When, as a result of the acquisition of a part of a parcel of property, or of a lot if the parcel was subdivided, the remaining part of the parcel or lot has an area which is less than fifty percent of the area of the original or when the greater linear dimension of the remaining part, measured from the nearer right of way line and perpendicular to the axis of the road, is less than fifty feet, the department may acquire by purchase or expropriation the remainder of the parcel or lot.

(2)

(a) When the department has acquired property in excess of the width or area required for departmental purposes or determines that certain property is no longer needed for its purposes, such property may be sold to the highest bidder after advertisement for bids twice within a thirty-day period provided the final advertisement appears at least fifteen days prior to sale in the official journal of the parish in which the property is located. However, the secretary shall offer to sell such property at a private sale to the vendor or the vendor's successors in title who sold such property to the department upon payment of its present appraised market value. However, the secretary shall first offer to sell such property to the vendor's successors in title, or to the owner of the land whose property or any portion thereof is separated from a highway by such excess area, upon payment of the present appraised market value.

(b) Notwithstanding any provision of law to the contrary, when the department has amicably acquired property that was identified as an uneconomic remainder at the time of acquisition, there shall be no obligation to offer such property at private sale to the vendor or the vendor's successors in title. This Subparagraph shall apply only to property amicably acquired subsequent to July 1, 2016.

(3) The advertisement shall accurately describe the location of the property, all the conditions of sale, and the exact time and place where the bids will be presented, opened, and read. All bids shall be publicly presented, publicly opened, and publicly read on the same day presented.

(4) If excess immovable property authorized to be sold pursuant to this Section is not purchased at public or private sale as provided in this Section, or if the cost of advertisement is greater than the fair market value of the property so that the property lacks a positive net value to the department, the secretary may do any of the following:

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