EXECUTORY PROCESS.

Sec. 1478. So much of articles seven hundred and forty-six and seven hundred and forty-seven, as authorizes a creditor having obtained a judgment in another State of the Union, or in a foreign country, to proceed by executory process on the judgment, is repealed.

C. P. 746, 747; D. Sec. 582, 3433. Act 1866, p. 167, § 1.

TO PROVIDE FOR THE EXPROPRIATION Quantity of land which may be ex

OF LANDS FOR RAILROADS AND OTHER
WORKS OF PUBLIC UTILITY.

Expropriation of lands of individ

propriated,

Exceptions to the right of appro

priation,

Costs, when to be paid by the
owner of the land,
Judgments expropriating land to
be valid against all persons,

1485

1486

1479

1487

1479

1488

Proceedings to be had in assessing
damages,

A jury of freeholders to be sum-
moned,
Damages, how assessed by the jury, 1482
Appeal not to suspend execution,
Manner of proceeding against ab-
sent persons,

TO PROVIDE FOR THE EXPROPRIATION OF LANDS FOR RAIL-
ROADS AND OTHER WORKS OF PUBLIC UTILITY.

Sec. 1479. Whenever any corporation, constituted under the Expropriation laws of this State, for the construction of a railroad, plank-road, dividuals, how turnpike road, or a canal for navigation, or for the purpose

of lands of in

made.

of

transmitting intelligence by magnetic telegraph, can not agree with the owner of any land which may be wanted, for its purchase, it shall be lawful for such corporation to apply by petition to the judge of the district court in which such land may be situated, or if it extends, into two districts to the judge of the district in which the owner thereof resides, and if the owner does not reside in either district, then to the judge of either district, describing the lands necessary for their purposes, with a plan of the same, and a statement of the improvements thereon, if any, and the name of the owner thereof, if known and present in the State, with a prayer that the land be adjudged to such corporation, upon the payment to the owner of all such damages as he may sustain in consequence of the expropriation of Claim for dam- his land for such public work. All claims for land, or damages

ages, when prescribed.

to the owner, caused by its expropriation for the construction of any public works, shall be barred by two years' prescription, which shall commence to run from the date at which the land was actually occupied and used for the construction of the works.

C. C. 497 (489), 2630; D. Sec. 698. Act 1855, p. 32. Const. U. S. Art. IV.

Sec. 1480. On presentation of such petition to the judge, it shall be his duty to indorse thereon an order directing the clerk of the court to give notice to the owner according to law. The clerk shall thereupon issue a copy of the petition and order, to- Proceedings to gether with a notice of the time at which a jury will be im- be had in aspaneled to assess the value of the land described in the petition, ages. to the sheriff, who shall make service and return thereof as in ordinary cases.

C. C. 2631; D. Sec. 699.

sessing dam

holders to be

Sec. 1481. Immediately after the order shall have been made by the judge, it shall be the duty of the clerk and sheriff to make A jury of freea list of forty-eight freeholders, residents of the parish in which summoned. the land lies, and not interested in the issue to be tried; from which list twenty-four shall be drawn and summoned to attend, on the tenth day after the date of the summons, or if that day be one of public rest, on the eleventh day after the date, and from the twenty-four freeholders, a jury shall be impaneled, which shall, by a verdict in which at least three-fourths of their number shall concur, determine, after hearing the parties and their evidence, what is the value of the land described in the petition with its improvements, and what damages, if any, the owner would sustain in addition to the loss of the land by expropriation. In impaneling the jury, either party may challenge for cause, but no peremptory challenge shall be allowed.

C. C. 2682; D. Sec. 700.

assessed by the

jury.

Sec. 1482. In estimating the value of the property to be expropriated, the basis of assessment shall be the true value Damages, how which the land possessed before the contemplated improvement was proposed, and without deducting therefrom any amount for the benefit derived by the owner for the contemplated improvement or work.

C. C. 2633; D. Sec. 701.

Appeal not to

Sec. 1483. Any appeal to the supreme court from the verdict of the jury and judgment of the lower court, made by either suspend exeparty, shall not suspend the execution of such judgment, but the cution. payment of the amount of the verdict by the company to the owner, or the deposit thereof, subject to the owner's order, in the hands of the sheriff, shall entitle the corporation to the right, title and estate of the owner in and to the land described in the petition in the same manner as a voluntary conveyance would do. But in the event of any change being made by the final decree in the decision of the cause, the corporation shall be bound to pay the additional assessment, or be entitled to recover back the surplus paid, as the case may be.

C. C. 2634; C. P. 879; D. Sec. 45, 46, 702.

Sec. 1484. If the owner of any lands required for works of public utility be unknown or absent, and have left no known Manner of agent in the State, it shall be the duty of the court to appoint a against abcurator ad hoc to represent and act for such owner; and the sent persons.

proceeding

Quantity of land which

may be expro

priated.

the right of

price which he may be entitled to receive shall be deposited in the State treasury, subject to his order; the receipt of the State treasurer for the price shall vest the title in the corporation paying for the land, in the same manner as if it were paid to the owner in person.

C. C. 2635; D. Sec. 703,

Sec. 1485. If any owner shall be of opinion that the quantity of land sought to be purchased by any corporation exceeds that which is reasonably necessary for the purpose intended by the company, it shall be lawful for him to file a special plea, setting forth this fact, and in such case the jury shall determine not only the value of the land to be expropriated, but also the extent of land over which the company may exercise the force expropriation; the whole always subject to the decision of the supreme court on appeal.

C. C. 2636; D. Sec. 704.

Sec. 1486. The right of expropriation shall in no case extend Exceptions to to grave-yards, nor the dwelling-house, yard, garden and other appropriation. appurtenances thereof, unless the jury shall find, by their verdict, that the line of the proposed railroad or canal can not be diverted from that proposed by the company without great public loss or inconvenience.

be paid by the

C. C. 2637; D. Sec. 705.

Sec. 1487. If a tender be made by any corporation of the Costs, when to true value of the land to the owner thereof, before proceeding owner of the to a forced expropriation, the costs of such proceedings shall be paid by the owner.

land.

propriating

C. C. 2638; D. Sec. 706.

Judgments ex- Sec. 1488. All judgments directing the expropriation of lands and to be valid to corporations shall be valid against all persons, married against all per- women, minors, or persons interdicted.

sons.

C. C. 2639; D. Sec. 707.

Sec. 1489. Whenever proceedings for the expropriation of land or other property for the use of any corporation or public work shall be stayed by injunction of any court of this State, Preference in the suit shall have preference in the district court over all other cases, except those in which the State is a party, and shall be fixed for trial on motion of either party as soon as issue shall be joined.

district courts.

Preference in supreme court.

D. Sec. 708, 1917. Act 1869, p. 113.

Sec. 1490. In case any appeal shall be taken to the supreme court from any judgment or order in such suit the said appeal shall be made returnable within fifteen days, and shall be taken up and tried in the supreme court by preference over all cases except those in which, the State being a party, preference is already given by law.

D. Sec. 709, 1918.

Sec. 1491. Whenever any immovable property which is incumbered with mortgages or privileges of any kind, whether

erty expropri

conventional, legal or judicial, shall be expropriated by any cor- Mortgages, poration, the same shall pass to such corporation free and clear etc., on propof all incumbrances, but the amount decreed to be paid therefor ated. shall be paid by such corporation into the court by which the expropriation shall be made, and shall be a fund to be distributed to the mortgaged and privileged creditors according to their priority.

D. Sec. 710, 1919, 2395.

sites.

Sec. 1492. Where lands shall be required for erection of a school-house or for enlarging a school-house lot, and the owner School-house thereof shall refuse to sell the same for a reasonable compensation, the district board of school directors shall have the power to select and possess such sites embracing space sufficiently extensive to answer the purpose of school-house and grounds. D. Sec. 1298. Act 1869, p. 175.

Sec. 1493. Should such land-holder deem the sum assessed too small, he shall have the right to institute suit before any suit by landproper judicial tribunal for his claim, but the title shall pass from him to the school corporation.

D. Sec. 1299.

holder.