Louisiana § RS 33:4078 - Expropriation of necessary property; servitudes; restriction on use and disposition of property

§ RS 33:4078. Expropriation of necessary property; servitudes; restriction on use and disposition of property

Whenever it becomes necessary to expropriate any property convenient or necessary for the sewerage, water or drainage systems, the city attorney, or the special counsel of the board, on the request of the board, shall institute expropriation proceedings in the name of the city of New Orleans, and acquire the title to the property in the name of the city.  The title to all the public works constructed by the board, and to all the property acquired by the board shall be vested in the city of New Orleans.  The board may expropriate any property in the parishes of Plaquemines, St. Bernard, Jefferson and St. Charles that it may find convenient and necessary for the proper execution of the powers granted to it, and may extend its works in the said parishes for the benefit of the city of New Orleans, and have jurisdiction and authority in such parishes over the works therein situated.  Should the board exercise the authority to acquire by negotiation or expropriation property in any of the four parishes aforementioned for the purpose of installing or constructing intake lines to the Mississippi river, water plants and appurtenances, or water mains, the water boards or water districts having jurisdiction of the preparation and distribution of the public water supply in the respective parishes in which said installation or construction shall be located, shall have the right to purchase from the board, and the board shall be obligated to sell to them, reasonable amounts of water passing through the facilities thus created at cost of the water to the board.  However, such sales shall be confined exclusively to said water authorities.  Further, should the board acquire title to property or servitudes in order to install water mains through any of the aforementioned parishes to the confines of the parish of Orleans, such area will be available to the respective parish authorities to be used as a public roadway, provided, said roadway shall not be so used as to cause damage to the installations of the board.  The board may acquire in the name of the city of New Orleans servitudes necessary in the conduct of its business.  The city of New Orleans shall not sell, exchange, utilize or dispose of any streets wherein are located any of the facilities and utilities of the board without prior written consent of the board.

Amended by Acts 1952, No. 262, §1; Acts 1956, No. 426, §1.