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Code · Louisiana · Title 44 — Public Records and Recorders

RS 44:363

397 words·~2 min read·/la/title-44/44-73

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RS 44:363
§363. Procedure for purchase or expropriation by parish
Before any contract of purchase or expropriation of abstractor's records becomes perfect the parish governing authority shall ascertain whether the abstracts, photographs and rectigraphs fulfil the requirements of this Chapter and if the parish governing authority so finds it must take the further steps outlined as follows:
(1)The parish governing authority shall pass a resolution declaring that the abstractor's records fulfil the requirements of this Chapter and a certified copy of this resolution shall be transmitted to the District Attorney.
(2)The district attorney, shall, without unreasonable delay, file in the district court, a petition, the purpose of which shall be to further ascertain whether the abstracts, photographs and rectigraphs fulfil the requirements of this Chapter, and there shall be named in the petition, in general terms as defendants, all parties claiming any right to or upon immovable property in the parish, or having an interest in the restoration of the public records and archives of the parish.
(3)The defendants shall be ruled to show cause, within a time to be fixed by the district court, why the abstracts, photographs and rectigraphs do not fulfil the requirements of this Chapter and should not be used in the restoration of the records and archives and the police jury not authorized to perfect its proposed contract by purchase or expropriation.
(4)The order or rule, together with a certified copy of the petition and a copy of the resolution shall be published in the official journal of the parish and also in one or more newspapers printed and published in the parish, for at least once in each calendar week for four weeks.
(5)Upon the day fixed for the hearing, or upon the day to which it may be continued, the court shall hear evidence in support of any objection to the granting of the prayer of the petition, and, at the conclusion of the evidence and the hearing, if the court should find that the abstracts, photographs and rectigraphs fulfil the requirements of this Chapter it shall so affirmatively declare, whereupon the police jury may proceed with the contract.
(6)A suspensive appeal shall, within thirty days from the date of the judgment, lie from the judgment if anyone at interest so moves, the appeal to be without bond and without a deposit for costs.
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