La. Roads, Bridges and Ferries § 48:726

Current with changes from the 2024 Legislative Session

Section 48:726 - Authorization to dispose of certain immovable property; methods and procedures

A. Notwithstanding any law to the contrary, if the governing authority of the city of Covington determines that any servitude, street, road, or alleyway which is owned by the city or title to which is in the public is no longer needed for public use, it may dispose of such property as provided for in this Part. However, the city shall not dispose of any property pursuant to this Part unless such property or title thereto has been held by the governing authority for at least ten years.

B. Disposition of property pursuant to this Part shall be by one of the following methods:

(1) Revocation of the dedication of property which is dedicated to public use.

(2) Sale of the property at public auction.

(3) Sale of the property at private sale.

(4) Exchange of the property for other property of approximately equal value.

C. The governing authority shall adopt an ordinance declaring that the property is no longer needed for public purposes and authorizing its disposition by one of the methods prescribed in this Part. The governing authority shall publish a summary of said ordinance in the official journal of the city at least three weeks but no more than ninety days in advance of the adoption of the ordinance.

D. Disposition of property pursuant to this Part shall also be in accordance with the following procedures:

(1) If disposition is by revocation of the dedication of the property, upon the effective date of the revocation all of the soil covered by and embraced in such servitude, street, road, or alleyway up to the centerline thereof shall revert to the present owner or owners of the land contiguous thereto.

(2) If disposition is by sale at public auction, the governing authority shall establish a minimum price for the property. The governing authority may:

(a) Fix the conditions of the sale.

(b) Retain the right to reject any or all bids.

(c) Authorize the purchaser to pay for the property on either a cash or credit basis.

(3) If disposition is by sale at private sale, the governing authority shall appoint an expert appraiser or appraisers who shall appraise the property. The property shall not be sold for less than the appraised value or, if more than one appraisal is performed, the lowest appraised value.

(4)

(a) If disposition is by exchange, the governing authority shall appoint an expert appraiser who shall appraise the property. The property may be exchanged for other property of approximately equal value, as such value is determined by the appraiser, provided that the governing authority shall pay or receive any difference in value in cash.

(b) Any person, other than the person with whom property is exchanged pursuant to this Paragraph, having or claiming to have any right, title, or interest in or to property received by the municipal governing authority in such exchange shall file suit to establish the right claimed within six months after the date of publication of the notice required by Subsection C of this Section or lose by prescription all such right, title, and interest in or to the property. This prescription runs against all persons, including minors and interdicts.

E. With respect only to the city of Covington, this Part shall be construed as affording alternative procedures to those set forth in R.S. 33:4712, 4712.6, and 4717 and shall supersede the provisions of R.S. 48:701 and 702.

La. Roads, Bridges and Ferries § 48:726

Acts 1997, No. 135, §1, eff. June 13, 1997.

Acts 1997, No. 135, §1, eff. 6/13/1997.