Louisiana Easement (Servitude) and Eminent Domain Laws (2026)

In Louisiana, an easement is called a predial servitude, and a visible one such as a roadway can be gained by acquisitive prescription, the civil-law term for acquiring a right by possessing it over time: 10 years of peaceable, uninterrupted possession in good faith and by just title, or 30 years of uninterrupted possession without title or good faith (La. Civ. Code art. 742). On eminent domain, which Louisiana law calls expropriation, constitutional amendments adopted in 2006 bar the state and its political subdivisions from taking or damaging property for predominant use by a private person or entity or for transfer of ownership to one, except as Article VI, Section 21 specifically authorizes, and they forbid counting economic development, enhanced tax revenue or any incidental public benefit toward a public purpose (La. Const. art. I, § 4(B)(1), (3)).

This page covers both halves of Louisiana law: servitudes between private landowners first, then the power to expropriate private property. For other states, see our guide to easement laws by state.

Information last verified on October 19, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This page covers Louisiana state law on predial servitudes (easements) between landowners and on expropriation (eminent domain) of private property, under the Louisiana Constitution, the Civil Code and the Louisiana Revised Statutes. It does not cover acquiring ownership of land itself by acquisitive prescription (see Louisiana squatters' rights and acquisitive prescription), mineral servitudes, subdivision or homeowners' association restrictions, zoning and regulatory takings, condemnation by the federal government (covered in our national guide), or parish and municipal ordinances.

What Louisiana Calls an Easement: Predial Servitudes

Louisiana's Civil Code comes from the civil-law tradition, so it uses its own words for ideas other states describe in common-law terms. What most states call an easement over neighboring land is, in Louisiana, a predial servitude. Article 646 defines it:

"A predial servitude is a charge on a servient estate for the benefit of a dominant estate. The two estates must belong to different owners." (La. Civ. Code art. 646)

In plain words, the servient estate is the land that carries the burden (for example, the tract a driveway crosses), and the dominant estate is the land that benefits. Because the servitude is attached to the land rather than to a person, it travels with the dominant estate. Rights "that are necessary for the use of a servitude are acquired at the time the servitude is established," and they "are to be exercised in a way least inconvenient for the servient estate" (art. 743). If the dominant estate is divided, "the servitude remains due to each part, provided that no additional burden is imposed on the servient estate" (art. 747).

Apparent and nonapparent servitudes

The Code sorts servitudes by whether they can be seen. Apparent servitudes "are those that are perceivable by exterior signs, works, or constructions; such as a roadway, a window in a common wall, or an aqueduct," while nonapparent servitudes "are those that have no exterior sign of their existence" (art. 707).

The distinction controls how a servitude can come into being. "Apparent servitudes may be acquired by title, by destination of the owner, or by acquisitive prescription" (art. 740). "Nonapparent servitudes may be acquired by title only, including a declaration of destination under Article 741" (art. 739). So an unmarked right to cross land, with no road or other visible work, cannot be gained just by using it for years.

Creating a Servitude in Writing

A servitude created by contract or deed (a conventional servitude) follows the Code's rules for transferring rights in immovable property, which is the civil-law term for land and buildings. Article 1839 provides:

"A transfer of immovable property must be made by authentic act or by act under private signature. Nevertheless, an oral transfer is valid between the parties when the property has been actually delivered and the transferor recognizes the transfer when interrogated on oath. An instrument involving immovable property shall have effect against third persons only from the time it is filed for registry in the parish where the property is located." (La. Civ. Code art. 1839)

The practical point is the last sentence: an unrecorded servitude agreement binds the people who signed it but has effect against third persons, such as a later buyer, only from the time it is filed in the parish records. To check whether a recorded servitude burdens a tract, see our guide to Louisiana property records.

Once a servitude exists, "the use and extent of such servitudes are regulated by the title by which they are created, and, in the absence of such regulation, by the following rules" of the Code (art. 697). A carefully written act therefore controls width, permitted uses and upkeep, and the default rules below fill the gaps.

Louisiana also recognizes conservation servitudes. Under the Louisiana Conservation Servitude Act, a conservation servitude "means a nonpossessory interest of a holder in immovable property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural, scenic, or open-space values of immovable property" (La. R.S. 9:1272).

Implied Servitudes: Destination of the Owner

Louisiana's counterpart to an easement implied from prior use is called destination of the owner. It arises when one owner arranges two of his own properties so that one serves the other, and later the properties go to different owners:

"Destination of the owner is a relationship established between two estates owned by the same owner that would be a predial servitude if the estates belonged to different owners. When the two estates cease to belong to the same owner, unless there is express provision to the contrary, an apparent servitude comes into existence of right and a nonapparent servitude comes into existence if the owner has previously filed for registry in the conveyance records of the parish in which the immovable is located a formal declaration establishing the destination." (La. Civ. Code art. 741)

In practice, if an owner built a visible road across one lot to serve another and then sold one of the lots, an apparent servitude of passage generally arises automatically unless the sale says otherwise. A nonapparent arrangement survives the split only if the owner had recorded a formal declaration first.

Landlocked Property: The Enclosed Estate's Right of Passage

Louisiana calls landlocked land an enclosed estate, and the Civil Code gives its owner a legal servitude of passage, meaning a right of way that the law itself creates. The enclosed-estate articles were rewritten by Acts 2025, No. 27 (Senate Bill 35). Article 689 now reads:

"A. The owner of an estate that has no access to a public road may claim a right of passage over neighboring property to the nearest public road. The owner is bound to compensate the neighbor for the right of passage acquired. B. The right to demand compensation from the owner of the enclosed estate may become barred by prescription. The accrual of prescription has no effect on the right of passage due to the owner of the enclosed estate." (La. Civ. Code art. 689)

The rest of the scheme, as revised:

• How much passage. The right "shall be suitable for the kind of traffic that is reasonably necessary for the use of that estate" (art. 690).
• Where it goes. The enclosed owner "may not demand the location of the passage anywhere that the owner chooses," and the passage "generally shall be taken along the shortest route that is the least injurious to the intervening lands" (art. 692).
• Self-inflicted enclosure. "If an estate becomes enclosed as a result of a voluntary act of its owner at the time of the enclosure, the neighbors are not bound to furnish a passage to the owner or the owner's successors" (art. 693).
• Enclosure by sale or partition. When property becomes enclosed through a judicial partition or a voluntary alienation (such as a sale) of an estate or part of it, "passage shall be furnished gratuitously to the owner and the owner's successors even if the location of the passage is not the shortest route to the public road, and even if the act of alienation or partition does not mention a right of passage" (art. 694(A)). Gratuitously means without charge.
• Moving the passage later. The enclosed owner "has no right to the relocation of the servitude of passage after it is fixed," but the servient owner may demand relocation "to a more convenient place at his own expense, provided that the new location is equally convenient to the enclosed estate" (art. 695).
• Damage. The enclosed owner "is bound to indemnify the owner of the servient estate for any damage caused by the exercise of the right of passage" (art. 696(A)).

Two points from the 2025 revision help with the threshold question of whether land is enclosed at all. The Louisiana State Law Institute's revision comments, which explain the Act but are not themselves statutory text, say that "an estate that has access to a public road through, for example, a servitude created by acquisitive prescription, destination of the owner, or juridical act is not an enclosed estate," and that "compensation for a right of passage is the fair market value of the right of passage."

The Louisiana Supreme Court applied the enclosed-estate article (then numbered article 699) in Rockholt v. Keaty (1970), holding that land cut off by expropriation and the construction of a non-access highway had "become 'enclosed' within the contemplation of the article because of expropriation and the construction of a non-access public road." The owners still lost the particular route they wanted: the court found "that plaintiffs do not seek passage to a public road as required by the Code" and "that there are shorter, more direct, and more feasible routes of passage to public roads."

Note the practical trap in article 689(B): the right of passage itself does not prescribe, but the neighbor's claim for compensation can. Act 27 also moved utility access out of the Civil Code into a new chapter of the Revised Statutes. Under R.S. 9:1282(A) as enacted, "the owner of an estate that has no access to a utility may claim a utility servitude over neighboring property to the nearest utility," and "the owner of the dominant estate is bound to compensate the neighbor for the utility servitude acquired."

Prescriptive Servitudes: Acquisitive Prescription

Louisiana does not use the term prescriptive easement; a servitude is acquired by acquisitive prescription. Article 742 sets two periods:

"The laws governing acquisitive prescription of immovable property apply to apparent servitudes. An apparent servitude may be acquired by peaceable and uninterrupted possession of the right for ten years in good faith and by just title; it may also be acquired by uninterrupted possession for thirty years without title or good faith." (La. Civ. Code art. 742)

Because article 742 borrows the rules for acquiring immovable property, the general prescription articles supply the elements:

• The 10-year route. "The requisites for the acquisitive prescription of ten years are: possession of ten years, good faith, just title, and a thing susceptible of acquisition by prescription" (art. 3475).
• Just title. "A just title is a juridical act, such as a sale, exchange, or donation, sufficient to transfer ownership or another real right. The act must be written, valid in form, and filed for registry in the conveyance records of the parish in which the immovable is situated" (art. 3483).
• Good faith. A possessor is in good faith "when he reasonably believes, in light of objective considerations, that he is owner of the thing he possesses" (art. 3480). "Good faith is presumed," and the presumption "is rebutted on proof that the possessor knows, or should know, that he is not owner of the thing he possesses" (art. 3481).
• Quality of possession. The possessor "must have corporeal possession, or civil possession preceded by corporeal possession," and "the possession must be continuous, uninterrupted, peaceable, public, and unequivocal" (art. 3476). Corporeal possession, in plain words, is the physical exercise of the right, such as actually using the road.
• The 30-year route. "Ownership and other real rights in immovables may be acquired by the prescription of thirty years without the need of just title or possession in good faith" (art. 3486).

The just-title requirement is demanding. In Palomeque v. Prudhomme (1995), the Louisiana Supreme Court applied article 742 and held that, "lacking the requisite just title, the only way Dr. Palomeque could acquire servitudes of light and view is by accrual of thirty years of uninterrupted possession." Without a qualifying just title, a claim based on long use runs on the 30-year clock.

Two limits follow from the articles above. Only an apparent servitude can be acquired this way (arts. 739, 740), and the acquisitive-prescription articles (arts. 3473-3487) contain no requirement that the possessor pay property taxes. Acquiring ownership of the land itself runs on the same 10-year and 30-year periods (arts. 3475, 3486); that subject is covered in Louisiana squatters' rights and acquisitive prescription.

Stopping a Servitude From Being Acquired by Prescription

The key protection is permission. "Acquisitive prescription does not run in favor of a precarious possessor or his universal successor" (art. 3477). A precarious possessor is someone who uses the property with the owner's permission or on the owner's behalf, and such a possessor "may commence to prescribe when he gives actual notice to the person on whose behalf he is possessing that he intends to possess for himself" (art. 3478).

The Louisiana Supreme Court applied these articles to a servitude of passage in Boudreaux v. Cummings (2015). The majority stated that "we do find support in the law for implied or tacit permission being the basis of precarious possession," and concluded that "Boudreaux was a precarious possessor of the predial servitude, who never gave actual notice of his intent to possess on his own. Accordingly, acquisitive prescription could not and did not run in his favor." Justices Knoll, Crichton and Hughes dissented.

Prescription that has started can also be interrupted:

• by a suit the owner files against the possessor, on the terms art. 3462 sets out;
• by acknowledgment: "Prescription is interrupted when one acknowledges the right of the person against whom he had commenced to prescribe" (art. 3464);
• by loss of possession: "Acquisitive prescription is interrupted when possession is lost," although "the interruption is considered never to have occurred if the possessor recovers possession within one year or if he recovers possession later by virtue of an action brought within the year" (art. 3465).

Unlike some states, Louisiana's Civil Code articles on acquiring servitudes (arts. 739-742) and on acquisitive prescription and its interruption (arts. 3462-3487) set out no posted-sign or recorded-notice procedure for blocking prescription; the tools are permission, acknowledgment and a timely suit.

Maintenance, Obstruction and Relocation

Unless the servitude's title says otherwise (art. 697), the default rules are:

• Upkeep. "The owner of the dominant estate has the right to make at his expense all the works that are necessary for the use and preservation of the servitude" (art. 744).
• Blocking or narrowing. "The owner of the servient estate may do nothing tending to diminish or make more inconvenient the use of the servitude" (art. 748).
• Moving it. Under the same article, "if the original location has become more burdensome for the owner of the servient estate, or if it prevents him from making useful improvements on his estate, he may provide another equally convenient location for the exercise of the servitude which the owner of the dominant estate is bound to accept. All expenses of relocation are borne by the owner of the servient estate" (art. 748). Article 695 sets the parallel rule for an enclosed estate's passage, described above.

Private Roads That Become Public Through Maintenance

A separate statute can turn a privately used road into a public one. Under La. R.S. 48:491(B), roads "kept up, maintained, or worked for a period of three years by the authority of a parish governing authority within its parish, or by the authority of a municipal governing authority within its municipality, shall be public roads or streets, as the case may be, if there is actual or constructive knowledge of such work by adjoining landowners exercising reasonable concern over their property." Knowledge is "conclusively presumed" once the maintenance totals four years or more, "unless prior thereto and within sixty days of such actual or constructive knowledge, the prescription is interrupted or suspended in any manner provided by law." The 60-day window is short, so a landowner who sees parish or city crews working a private road on his land has little time to act.

How a Servitude Ends

• Nonuse for 10 years. "A predial servitude is extinguished by nonuse for ten years" (art. 753). The clock runs "for affirmative servitudes from the date of their last use, and for negative servitudes from the date of the occurrence of an event contrary to the servitude" (art. 754).
• Use by anyone preserves it. "A predial servitude is preserved by the use made of it by anyone, even a stranger, if it is used as appertaining to the dominant estate" (art. 757).
• Burden of proof. When nonuse is pleaded, "the owner of the dominant estate has the burden of proving that he or some other person has made use of the servitude as appertaining to his estate during the period of time required for the accrual of the prescription" (art. 764).
• Confusion. A servitude ends "when the dominant and the servient estates are acquired in their entirety by the same person" (art. 765). Confusion is the civil-law name for what other states call merger.
• Renunciation. A servitude ends by "an express and written renunciation by the owner of the dominant estate" (art. 771). Because article 1839 gives an instrument involving immovable property effect against third persons only once it is filed for registry, a renunciation is normally recorded in the parish conveyance records.
• Abandonment of the servient estate. A servitude ends "by the abandonment of the servient estate, or of the part on which the servitude is exercised," which "must be evidenced by a written act" (art. 770).

Eminent Domain in Louisiana

Louisiana statutes call eminent domain expropriation. For how other states handle takings, and for federal condemnation, see our guide to eminent domain laws by state.

The Louisiana Constitution protects against both a taking and a damaging of property, and since a 2006 amendment (Acts 2006, No. 851) it restricts takings that benefit private parties. Two other 2006 amendments added the hurricane-protection compensation rule (No. 853) and the former owner's right of first refusal (No. 859):

"(B)(1) Property shall not be taken or damaged by the state or its political subdivisions except for public purposes and with just compensation paid to the owner or into court for his benefit. Except as specifically authorized by Article VI, Section 21 of this Constitution property shall not be taken or damaged by the state or its political subdivisions: (a) for predominant use by any private person or entity; or (b) for transfer of ownership to any private person or entity." (La. Const. art. I, § 4(B)(1))

Paragraph (B)(3) adds that "neither economic development, enhancement of tax revenue, or any incidental benefit to the public shall be considered in determining whether the taking or damaging of property is for a public purpose pursuant to Subparagraph (1) of this Paragraph or Article VI, Section 23 of this Constitution." Paragraph (B)(2) limits "public purpose" to a closed list: "a general public right to a definite use of the property"; continuous public ownership of property dedicated to public buildings, roads and other public transportation, drainage and flood control, parks and similar public facilities, public utilities, or "public ports and public airports to facilitate the transport of goods or persons in domestic or international commerce"; and "the removal of a threat to public health or safety caused by the existing use or disuse of the property" (art. I, § 4(B)(2)).

The Article VI, Section 21 exception lets the legislature authorize political subdivisions and public port bodies to acquire industrial plant buildings and port facilities, including by expropriation, to induce industrial enterprises or facilitate public ports, but "the bona fide homestead ... shall not be subject to expropriation pursuant to this Section" (art. VI, § 21(A), (D)). Article VI, Section 23 lets political subdivisions acquire property "for any public purpose" by expropriation, subject to the constitution and general law.

In Plaquemines Port Harbor & Terminal District v. Nguyen (La. Mar. 6, 2026), the Louisiana Supreme Court held that a public port's expropriation of land "for the purpose of leasing that property to a private company for its exclusive development and use" is "not for a public purpose" and is "prohibited by the Louisiana Constitution." The court added: "Without a public purpose for the expropriation, the exception for predominant use by a private entity is inapplicable."

Private expropriators face their own limit:

"(4) Property shall not be taken or damaged by any private entity authorized by law to expropriate, except for a public and necessary purpose and with just compensation paid to the owner; in such proceedings, whether the purpose is public and necessary shall be a judicial question." (art. I, § 4(B)(4))

And on compensation:

"(5) In every expropriation or action to take property pursuant to the provisions of this Section, a party has the right to trial by jury to determine whether the compensation is just, and the owner shall be compensated to the full extent of his loss. Except as otherwise provided in this Constitution, the full extent of loss shall include, but not be limited to, the appraised value of the property and all costs of relocation, inconvenience, and any other damages actually incurred by the owner because of the expropriation." (art. I, § 4(B)(5))

Three paragraphs matter in a state shaped by levees, coastal loss and storms. Section 4 "shall not apply to appropriation of property necessary for levee and levee drainage purposes" (art. I, § 4(E)). "The legislature may place limitations on the extent of recovery" for property rights affected by coastal wetlands conservation and restoration activities (art. I, § 4(F)). And compensation for property rights taken, lost or damaged for federal or non-federal hurricane protection projects "shall not exceed the compensation required by the Fifth Amendment of the Constitution of the United States of America," except 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" (art. I, § 4(G)).

Paragraph (B)(6) adds that "no business enterprise or any of its assets shall be taken for the purpose of operating that enterprise or halting competition with a government enterprise," though "a municipality may expropriate a utility within its jurisdiction."

At the federal level, the U.S. Supreme Court held in Kelo v. City of New London (2005) that the takings under the city's plan satisfied the Fifth Amendment's public use requirement because "that plan unquestionably serves a public purpose," while emphasizing that "nothing in our opinion precludes any State from placing further restrictions on its exercise of the takings power." Federal law also conditions federal financial assistance on assurances that the acquiring agency will be guided, "to the greatest extent practicable under State law," by the federal land acquisition policies (42 U.S.C. § 4655(a)).

Who Can Expropriate in Louisiana

The general expropriation statute, La. R.S. 19:2, opens with a duty that applies before any suit: "Prior to filing an expropriation suit, an expropriating authority shall attempt in good faith to reach an agreement as to compensation with the owner of the property sought to be taken and comply with all of the requirements of R.S. 19:2.2." If no agreement is reached, the statute lists who may expropriate needed property, beginning with "the state or its political corporations or subdivisions" and including "all persons included in the definition of common carrier pipelines as set forth in R.S. 45:251," among other listed entities. The list also includes carbon dioxide pipelines (for enhanced oil and gas recovery or for transport to underground storage) and carbon dioxide storage operators that have received a certificate of public convenience and necessity under R.S. 30:1107, though the storage paragraph "shall not allow for the expropriation of reservoir storage rights for geologic storage of carbon dioxide," except for projects under R.S. 30:1108(B)(2) (R.S. 19:2(A)(10), (11)).

The same section bars expropriation by a foreign power, alien or majority foreign-controlled corporation "that is considered a foreign adversary as identified in 15 CFR 7.4(a)" and listed in the Treasury database, "if the property to be expropriated is within fifty miles of a military base" (R.S. 19:2(B)). The section was amended and reenacted by Acts 2026, No. 391 (Senate Bill 466), effective August 1, 2026, which also added entities engaged in aircraft, airport and spaceflight activities to the list when the property used "consists of not less than twenty thousand contiguous acres and contains no residential structures" (R.S. 19:2(A)(13)).

R.S. 19:3 limits two kinds of taking. "No graveyard or cemetery shall be expropriated unless the court finds that the route of expropriation cannot be diverted from that proposed by the plaintiff without great public loss or inconvenience," a rule that does not apply to a graveyard or cemetery with no interred remains at the time of the first offer. And "no mortgage shall be expropriated," though that bar does not apply to an R.S. 19:2 authority taking mortgaged property, where R.S. 19:11 governs.

Carbon dioxide pipelines and storage. Acts 2025, No. 414 (Senate Bill 73) adds duties on top of that expropriation power. It requires that, "prior to initiating any eminent domain proceedings, the owner or operator of a carbon sequestration storage facility or pipeline" provide "written notice to the landowner of the intent to acquire property or property rights" and "engage in good faith negotiations with the landowner or their representative," including "no fewer than five in-person meetings or documented attempts to meet in person" (R.S. 30:1108(C)(2), as enacted by Act 414). The owner or operator must also give the landowner a reasonable opportunity to attend any appraisal inspection, submit a written offer stating the amount, the legal description and the affected buildings or improvements, and allow at least 10 calendar days to respond; a response does not extend the 30-day period before filing under R.S. 19:2.2(C) (R.S. 30:1108(C)(2)(b), (d)-(f)).

Proposed amendment on the November 3, 2026 ballot. Acts 2026, No. 277 (House Bill 192) is a proposed constitutional amendment that asks voters: "Do you support an amendment to prohibit expropriation of property by a foreign adversary or an agent of a foreign adversary?" It goes to the electors at the statewide election on November 3, 2026, and it is not part of the Constitution unless voters approve it.

Before and During an Expropriation Suit

Appraisal information and offer. Before expropriating under R.S. 19:2, the authority must give the owner, from its appraisal or evaluation, "the name, address, and qualifications of the person or persons preparing the appraisal or evaluation," "the amount of compensation estimated," and "a description of the methodology used," and must "offer to compensate the owner a specific amount not less than the lowest appraisal or evaluation" (R.S. 19:2.2(A)).

Notice after an unaccepted offer. Within 30 days after an offer that produces no agreement, an expropriating authority other than the state or its subdivisions must send the owner a notice stating, among other things, that the owner is entitled to just compensation and to a written appraisal or evaluation, where to read the expropriation statutes relied on, and which agency regulates the authority (R.S. 19:2.2(B)).

30-day letter from private expropriators. Each expropriating authority other than the state or its political corporations or subdivisions must, "at least thirty days prior to the filing of a petition for expropriation, send a letter by certified mail, return receipt requested, to the owner," which must include, among other items, "a complete copy of all appraisals of, or including, the subject property previously obtained by the expropriating authority" (R.S. 19:2.2(C)).

Trial timing and the answer deadline. The court sets a trial date "which shall not be less than sixty days from the filing of the suit" (R.S. 19:5(A)). The owner "shall file any answer, exceptions, or other responsive pleadings within thirty days after the service upon the defendant of the notice of the time fixed for the trial" (R.S. 19:6), and missing that deadline "constitutes a waiver by the defendant of all defenses to the suit except claims for compensation" (R.S. 19:7). An owner who wants to contest the public and necessary purpose must do so in that window. A timely challenge on any issue other than compensation must be set for hearing within 30 days and decided within five days after submission; if the expropriator wins, the compensation trial is set within 45 days on motion, and these periods may be extended for good cause (R.S. 19:8(A)(2)).

Burden and order of proof. "Absent an express stipulation by the parties, the plaintiff shall present a prima facie case of the public and necessary purpose of the proposed acquisition," and "the expropriating authority shall present its evidence of value first" (R.S. 19:8(D), (E)).

Jury. "Expropriation cases shall be tried before the court without a jury, except that a party shall have the right to trial by jury to determine compensation." A plaintiff demands a jury in the petition; a defendant "shall file his demand therefor within the time for filing his answer" (R.S. 19:4). A compensation jury has six jurors, five of whom must agree on a verdict (R.S. 19:8(B)).

No possession before payment. Under the general route, "the expropriating authority shall not be entitled to possession or ownership of the property until a final judgment has been rendered and payment has been made to the owner or paid into the registry of the court, except as may otherwise be stipulated by the parties" (R.S. 19:8(A)(3)). "No party to any expropriation proceeding shall be entitled to or granted a suspensive appeal"; review is by devolutive appeal (R.S. 19:13).

Highway quick-take by DOTD

Takings by the Louisiana Department of Transportation and Development under R.S. 48:441 and following sections work differently, because title passes when the agency deposits its estimate of compensation. "Upon such deposit, title to the property and the property rights specified in the petition shall vest in the department and the right to just compensation therefor shall vest in the persons entitled thereto" (R.S. 48:445).

• 20-day challenge. An owner who wants to contest the taking because the property "was not expropriated for a public purpose," or because the petition and exhibits do not satisfy R.S. 48:442 through 444, "may file a motion to dismiss the suit within twenty days after the date on which the notice was served on him," and "failure to file the motion within the time provided constitutes a waiver of all defenses to the suit except claims for compensation" (R.S. 48:447).
• Possession. With no building on the property, DOTD may enter and take possession upon depositing its estimate. If any building is on the property, "the court may postpone the right of entry for any period not to exceed thirty days from the date on which the last of any parties defendant was served with the notice" (R.S. 48:448).
• Withdrawing the deposit. On application and notice to all parties, the court may order the deposit, or part of it, paid to the person entitled to it (R.S. 48:449). The court may then charge a defendant who stays in possession "a reasonable rental ... for each day he remains in possession after the withdrawal of any part of the amount deposited" (R.S. 48:448).
• Answer on compensation. To seek more than the deposit, an owner must answer within 90 days after service of the notice when an entire tract is taken, or, when part of a tract is taken, within one year after being served with DOTD's notice of acceptance of the completed highway project (an earlier answer is allowed), stating the amount claimed (R.S. 48:450). If no timely answer is filed, DOTD sends a certified-mail notice, and if no answer follows within 10 days "the court shall render final judgment fixing just compensation in the amount deposited" (R.S. 48:452). A claim for more compensation is abandoned if no step is taken in it for three years (R.S. 48:452.1).
• Appeals. An appeal does not "prevent or delay the vesting of title" in DOTD (R.S. 48:459).
• Interest and payment. If the final award exceeds the deposit, "the judgment shall include legal interest on the excess from the date the defendant files an answer as provided in R.S. 48:450 until paid" (R.S. 48:455), and the judgment "shall be paid within ninety days after becoming final" (R.S. 48:456(B)).

Owner deadlines by condemning body

Title 19 and Title 48 set different procedures for different condemnors, so the deadline that applies depends on the part under which the suit is brought. The main ones:

Title 19 also contains separate parts for particular parishes, cities and agencies, each with its own procedure. One other rule catches owners:

• Waiver by consent or acquiescence. If the state or a political subdivision, in good faith believing it had authority, took possession of private immovable property and built facilities on it "with the consent or acquiescence of the owner," the owner "shall be deemed to have waived his right to contest the necessity for the taking and to receive just compensation prior to the taking," but remains "entitled to bring an action for such compensation" (R.S. 19:14(A)). This applies only where the public body "has exercised actual possession in good faith for ten years and has completed construction of facilities" (R.S. 19:14(C)). When a private expropriating authority built facilities in good faith with the owner's consent or acquiescence, the owner is presumed to have waived compensation before the taking and may bring only an action to decide whether the taking was for a public and necessary purpose and for just compensation (R.S. 19:14(B)).

How Just Compensation Is Calculated

In a general expropriation, "the basis of compensation shall be the value which the property possessed before the contemplated improvement was proposed, without deducting therefrom any general or specific benefits derived by the owner from the contemplated improvement or work" (R.S. 19:9(A)). The statute continues: "The defendant shall be compensated to the full extent of his loss. The court shall include in its consideration the difference between the rate of interest of any existing mortgage on an owner-occupied residence and the prevailing rate of interest required to obtain a mortgage on another owner-occupied residence of equal value" (R.S. 19:9(B)). The highway statute likewise provides that "the owner shall be compensated to the full extent of his loss" (R.S. 48:453(C)). In a DOTD quick-take, however, compensation is measured "as of the time the estimated compensation was deposited into the registry of the court," without considering value changes caused by the project; damage to the remaining property is measured "immediately before and immediately after the taking"; and the owner presents value evidence first (R.S. 48:453(A), (B), (D)).

Neither art. I, § 4, the general expropriation statute (R.S. 19:9) nor the highway compensation statute (R.S. 48:453) adds a percentage bonus or multiplier for a home; the residence-specific items are the mortgage-interest differential and the relocation housing payment described below.

Attorney Fees in Louisiana Expropriation

Louisiana statutes provide for fees in these situations:

• Failed or abandoned suits. The court "shall award the owner" a sum to "reimburse such owner for his reasonable attorney fees, and court costs, actually incurred because of the expropriation proceeding, if the final judgment is that the plaintiff does not acquire at least fifty percent of the immovable property requested in the petition for expropriation or if the proceeding is abandoned by the plaintiff" (R.S. 19:201(A)).
• Low offers. "If the highest amount offered is less than the compensation awarded for the property and severance damages, if any, the court may award reasonable attorney fees to the defendant" (R.S. 19:8(A)(3)). The issue is heard "upon motion of the defendant" immediately after compensation is determined, and the award is discretionary.
• Highway quick-take. "Reasonable attorney fees may be awarded by the court if the amount of the compensation deposited in the registry of the court is less than the amount of compensation awarded in the judgment," and they "in no event shall exceed twenty-five percent of the difference between the award and the amount deposited" (R.S. 48:453(E)).
• Property taken without an expropriation suit. When a court renders "a judgment for the plaintiff" in a suit against the state, a parish, a municipality or another political subdivision "for compensation for the taking of property by the defendant, other than through an expropriation proceeding," it shall award, "as a part of the costs of court," reasonable attorney fees actually incurred, and "any settlement of such claim, not reduced to judgment, shall include such reasonable attorney, engineering, and appraisal fees as are actually incurred because of such proceeding" (R.S. 13:5111(A)).

Costs can also run against the owner: "If the highest amount offered prior to the filing of the expropriation suit is equal to or more than the final award, the court may, in its discretion, order the defendant to pay all or a portion of the costs of the expropriation proceedings" (R.S. 19:12).

Relocation Assistance

Louisiana's state relocation statute is written in permissive terms. Under R.S. 38:3105(A), "the agency may make a payment to the owner of real property acquired for a project which is improved by a dwelling actually owned and occupied by the owner for not less than one hundred and eighty days prior to the initiation of negotiations for the acquisition of such property, not to exceed twenty-two thousand five hundred dollars or the maximum amount authorized by federal law, whichever is greater." The same chapter allows, but does not require, payment of a displaced person's actual and reasonable moving expenses, or alternatively, for a dwelling, a moving allowance of up to $300 plus a $200 dislocation allowance, and for a qualifying business or farm a fixed payment equal to average annual net earnings of not less than $2,500 nor more than $10,000 (R.S. 38:3104). The chapter states that its payments "are gratuities and are vested in the discretion of the agency head" (R.S. 38:3108). Projects with federal financial assistance are also subject to the federal assurances described above.

Deadlines for Taking and Damage Claims

Several prescriptive periods (Louisiana's term for limitation periods) apply when an owner, rather than the government, starts the case:

• Property taken by a public body. "Actions for compensation for property taken by the state, a parish, municipality, or other political subdivision or any one of their respective agencies shall prescribe three years from the date of such taking" (R.S. 13:5111(A)). These owner-initiated suits are often called inverse condemnation.
• Property damaged for public purposes. "When private property is damaged for public purposes any and all actions for such damages are prescribed by the prescription of two years, which shall begin to run after the completion and acceptance of the public works" (R.S. 9:5624).
• Claims arising from an R.S. 19:2 expropriation. "All claims for property by, or for damages to the owner caused by the expropriation of property pursuant to R.S. 19:2 shall be barred by the prescription of two years commencing on the date on which the property was actually occupied and used for the purposes of the expropriation" (R.S. 19:2.1(B)).

The Louisiana Supreme Court has explained that R.S. 13:5111 "provides a three-year prescriptive period for takings and La. R.S. 9:5624 provides a two-year prescriptive period for damage," and in Avenal v. State (2004) it held that claims on oyster leases that were "damaged" but not "taken" fell under the two-year period. For other filing deadlines, see the Louisiana statute of limitations guide.

Buying Back Expropriated Property

The Constitution gives former owners a right of first refusal. Except for the removal of a threat to public health or safety and except for leases or operation agreements for port facilities, highways, qualified transportation facilities or airports, "the state or its political subdivisions shall not sell or lease property which has been expropriated and held for not more than thirty years without first offering the property to the original owner or his heir, or, if there is no heir, to the successor in title to the owner at the time of expropriation at the current fair market value, after which the property can be transferred only by competitive bid open to the general public" (art. I, § 4(H)(1)). Within one year after the project is completed, the expropriating body must identify property not needed for the project and declare it surplus, and it must offer surplus property to the original owner, heir or successor at current fair market value within two years after completion (art. I, § 4(H)(2), (3)). After one year from completion, the former owner may petition the body to declare property surplus and, if it refuses or fails, may petition a court (art. I, § 4(H)(4)). For surplus property, "if the original owner, heir, or other successor in title refuses or fails to purchase the surplus property within three years from completion of the project, then the surplus property may be offered for sale to the general public by competitive bid" (art. I, § 4(H)(3)).

Recent Changes

• Acts 2024, No. 620 (House Bill 492): rewrote the carbon dioxide pipeline and storage paragraphs of R.S. 19:2 and barred the expropriation of reservoir storage rights for geologic storage, with a stated exception.
• Acts 2025, No. 27 (Senate Bill 35): rewrote the enclosed-estate articles (Civil Code arts. 689-696) and moved the utility servitude into new Revised Statutes provisions beginning at R.S. 9:1281.
• Acts 2025, No. 414 (Senate Bill 73): added pre-suit notice and in-person negotiation duties for carbon sequestration storage facilities and pipelines.
• Acts 2026, No. 391 (Senate Bill 466), effective August 1, 2026: amended and reenacted R.S. 19:2 on expropriation by foreign entities near military bases and added aviation and spaceflight entities on tracts of at least 20,000 contiguous acres with no residential structures.
• Plaquemines Port Harbor & Terminal District v. Nguyen (La. Mar. 6, 2026): the Louisiana Supreme Court held that a port's expropriation of land to lease to a private company for its exclusive use was not for a public purpose.
• Acts 2026, No. 277 (House Bill 192): a proposed constitutional amendment on expropriation by a foreign adversary, on the November 3, 2026 ballot; not law unless approved.

Louisiana Easement and Eminent Domain Rules at a Glance

Related Louisiana Pages

• Easement laws by state
• Eminent domain laws by state
• Louisiana squatters' rights and acquisitive prescription
• Louisiana property records
• Louisiana statute of limitations

This article provides general legal information about Louisiana servitude and expropriation law as of October 19, 2026. It is not legal advice. Servitude and expropriation disputes turn on the specific titles, records and facts involved; for advice about a specific situation, contact a lawyer licensed in Louisiana.

Last updated: October 19, 2026.

Frequently Asked Questions

How long does it take to get a prescriptive easement in Louisiana?

An apparent servitude, such as a visible roadway, can be acquired by 10 years of peaceable and uninterrupted possession in good faith and with a just title, or by 30 years of uninterrupted possession without title or good faith (La. Civ. Code art. 742). The just title must be a written act, valid in form and filed for registry in the parish conveyance records (art. 3483). A nonapparent servitude cannot be acquired this way; it requires title (art. 739).

Can I get an easement over my neighbor's land if I used it with permission?

Permission blocks acquisitive prescription. A precarious possessor, one who uses with permission, does not prescribe unless he gives the owner actual notice that he intends to possess for himself (La. Civ. Code arts. 3477, 3478), and the Louisiana Supreme Court held in Boudreaux v. Cummings (2015) that implied or tacit permission can be the basis of precarious possession.

What are the rights of a landlocked property owner in Louisiana?

The owner of an estate with no access to a public road may claim a right of passage over neighboring property to the nearest public road and must compensate the neighbor (La. Civ. Code art. 689). The passage generally follows the shortest route that is least injurious to the intervening lands (art. 692). Neighbors owe no passage if the owner's own voluntary act caused the enclosure (art. 693), and passage is furnished free when a voluntary alienation or judicial partition caused it (art. 694).

Does a Louisiana servitude expire if it is not used?

Yes. A predial servitude is extinguished by nonuse for 10 years (La. Civ. Code art. 753), counted for affirmative servitudes from the last use (art. 754). Use by anyone, even a stranger, as appertaining to the dominant estate preserves it (art. 757), and when nonuse is pleaded, the dominant owner must prove that use (art. 764).

Who maintains a servitude of passage in Louisiana?

The owner of the dominant estate has the right to make, at his expense, all the works necessary for the use and preservation of the servitude (La. Civ. Code art. 744). The servient owner may do nothing tending to diminish or make more inconvenient the use of the servitude (art. 748), though a servitude's title can set different rules (art. 697).

Can Louisiana take my property for a private developer?

The Louisiana Constitution bars the state and its political subdivisions from taking or damaging property for predominant use by a private person or entity or for transfer of ownership to one, except as Article VI, Section 21 specifically authorizes, and it forbids counting economic development, tax revenue or an incidental public benefit toward a public purpose (La. Const. art. I, sec. 4(B)(1), (3)). The Article VI, Section 21 exception covers industrial plant and port facilities, and a bona fide homestead cannot be expropriated under it. In 2026 the Louisiana Supreme Court held that a port's taking of land to lease to a private company for its exclusive use was not for a public purpose and was prohibited (Plaquemines Port Harbor & Terminal Dist. v. Nguyen).

Can a pipeline company use eminent domain in Louisiana?

R.S. 19:2 lists common carrier pipelines among those that may expropriate needed property after a good-faith attempt to agree on compensation, and it also lists carbon dioxide pipelines and storage operators that hold a certificate of public convenience and necessity under R.S. 30:1107 (R.S. 19:2(A)(10), (11)). A private entity may take property only for a public and necessary purpose, which is a judicial question (La. Const. art. I, sec. 4(B)(4)). Acts 2025, No. 414 adds pre-suit notice, appraisal-inspection, written-offer and negotiation duties for carbon dioxide storage facilities and pipelines.

How is just compensation calculated in Louisiana expropriation?

Under R.S. 19:9, compensation is based on the value the property had before the contemplated improvement was proposed, without deducting benefits from the project, and the owner is compensated to the full extent of his loss, including any mortgage-interest differential on an owner-occupied residence. Either party has the right to a jury on compensation (La. Const. art. I, sec. 4(B)(5); R.S. 19:4).

Does the government pay attorney fees in a Louisiana expropriation case?

In some situations. Fees are mandatory if the expropriating authority does not acquire at least 50% of the property requested or abandons the suit (R.S. 19:201), discretionary on the owner's motion if its highest offer was less than the award (R.S. 19:8(A)(3)), and in a highway quick-take discretionary and capped at 25% of the difference between award and deposit (R.S. 48:453(E)). R.S. 13:5111 provides for fees when an owner wins a suit over property a public body took other than through an expropriation proceeding. If the highest pre-suit offer equals or exceeds the final award, the court may order the owner to pay all or part of the costs (R.S. 19:12).

How long do I have to sue if the government took or damaged my property in Louisiana?

Actions for compensation for property taken by the state, a parish, a municipality or another political subdivision prescribe three years from the date of the taking (R.S. 13:5111). Claims that private property was damaged for public purposes prescribe in two years, running after the completion and acceptance of the public works (R.S. 9:5624), and claims arising from an R.S. 19:2 expropriation prescribe two years after the property was actually occupied and used (R.S. 19:2.1).