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Rs 49:214.6.5 Hurricane Protection And Flood Control Activities; Levees Or Levee Drainage Purposes; Taking Of Property; Compensation

§214.6.5. Hurricane protection and flood control activities; levees or levee drainage purposes; taking of property; compensation

A. Pursuant to Article I, Section 4(G) and Article VI, Section 42(A) of the Constitution of Louisiana, compensation paid for the taking of, or loss or damage to, property rights affected by the construction, enlargement, improvement, or modification of federal or non-federal hurricane protection projects, including mitigation related thereto, shall not exceed the compensation required by the Fifth Amendment of the Constitution of the United States of America.

B. For the purposes of this Section, "full extent of the loss" as provided in any law or rule affecting taking of property for the purposes set forth in Subsection A of this Section shall mean compensation required by the Fifth Amendment of the Constitution of the United States of America.

C. The provisions of this Section shall supersede and control to the extent of conflict with any other provision of law.

D. As provided in Article I, Section 4(G) of the Constitution of Louisiana, the provisions of this Section shall not apply to compensation paid for a building or structure that was destroyed or damaged by an event for which a presidential declaration of major disaster or emergency was issued, if the taking occurs within three years of such event.

Acts 2009, No. 523, §3, eff. July 10, 2009.

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Local Government
Louisiana
5
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John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
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