HCR61 • 2026

PROPERTY: Authorizes and directs the Louisiana Law Institute to study the constitutional authority to expropriate property

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Charles Owen
Last action: 2026-05-21
Official status: Sent to the Secretary of State
Effective date: Not listed

Plain English Breakdown

The official source does not specify any limitations or uncertainties beyond those already noted.

Study on Property Expropriation Authority

This resolution directs the Louisiana Law Institute to study a recent court decision and its impact on laws about taking private property for public use.

What This Bill Does

Tells the Louisiana Law Institute to look at the Plaquemines Port Harbor and Terminal Dist. v. Nguyen case and its implications on expropriation authority provided by the Constitution of Louisiana and R.S. 19:2.
Asks the institute to check if laws giving private entities power to take land are still okay under the state constitution.
Requires the institute to give a report with their findings and any suggestions for new laws by February 1, 2027.

Who It Names or Affects

The Louisiana Law Institute
People involved in property expropriation cases

Terms To Know

expropriate: To take private land for public use, often with payment to the owner.
public purpose: A reason that is good for everyone in a community or society.

Limits and Unknowns

The resolution does not change any laws but asks for a study and report.
It's unclear what specific changes might be suggested based on the study.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

House Floor Amendment #4416 Owen Charles Adopted

Adopted

Plain English: HFAHCR61 4747 4416 FOR OFFICE USE ONLY HOUSE FLOOR AMENDMENTS 2026 Regular Session Amendments proposed by Representative Owen to Engrossed House Concurrent Resolution No.

HFAHCR61 4747 4416 FOR OFFICE USE ONLY HOUSE FLOOR AMENDMENTS 2026 Regular Session Amendments proposed by Representative Owen to Engrossed House Concurrent Resolution No.
61 by Representative Owen 1 AMENDMENT NO.
1 2 On page 1, line 4, after the comma, delete the remainder of the line and delete lines 5 and 3 6 in their entirety and insert "and its implications on the expropriation authority provided for 4 in the Constitution of Louisiana and R.S.
19:2." 5 AMENDMENT NO.

Bill History

2026-05-21 H
Taken by the Clerk of the House and presented to the Secretary of State in accordance with the Rules of the House.
2026-05-18 S
Signed by the President of the Senate.
2026-05-18 H
Enrolled and signed by the Speaker of the House.
2026-05-13 H
Received from the Senate without amendments.
2026-05-13 S
Read by title and concurred in by a vote of 36 yeas and 0 nays. Ordered returned to the House.
2026-05-13 S
Rules suspended.
2026-05-12 S
Reported favorably.
2026-04-29 S
Read second time by title and referred to the Committee on Judiciary A.
2026-04-28 S
Received in the Senate. Read first time by title and placed on the Calendar for a second reading.
2026-04-27 H
Read by title, amended, roll called on final consideration, yeas 101, nays 0. The resolution was adopted and ordered to the Senate.
2026-04-23 H
Scheduled for floor debate on 04/27/2026.
2026-04-23 H
Read by title, ordered engrossed, passed to 3rd reading.
2026-04-22 H
Reported favorably (7-0).
2026-04-20 H
Read by title, under the rules, referred to the Committee on Civil Law and Procedure.
2026-04-16 H
Read by title. Lies over under the rules.

Official Summary Text

PROPERTY: Authorizes and directs the Louisiana Law Institute to study the constitutional authority to expropriate property

Current Bill Text

Read the full stored bill text

ENROLLED
2026 Regular Session
HOUSE CONCURRENT RESOLUTION NO. 61
BY REPRESENTATIVE OWEN
A CONCURRENT RESOLUTION
To authorize and direct the Louisiana State Law Institute to study the Louisiana Supreme
Court decision in Plaquemines Port Harbor and Terminal Dist. v. Nguyen, No.
2025-C-00827 (La. 3/6/26), and its implications on the expropriation authority
provided for in the Constitution of Louisiana and R.S. 19:2.
WHEREAS, on March 6, 2026, the Louisiana Supreme Court issued its opinion in
Plaquemines Port Harbor and Terminal Dist. v. Nguyen, No. 2025-C-00827 (La. 3/6/26),
holding that a public port authority's expropriation of private property for the purpose of
leasing that property exclusively for a private company's predominant use is unconstitutional
because the taking does not satisfy the "public purpose" requirement of Article I, Section 4
of the Constitution of Louisiana; and
WHEREAS, the court emphasized that the 2006 amendment to Article I, Section 4
strictly limits the definition of "public purpose" for eminent domain and prohibits takings
that result in predominant private use or benefit even when a public entity retains nominal
ownership; and
WHEREAS, in 2009, the legislature enacted Act No. 517, which added R.S. 19:2(12)
to grant private corporations and partnerships the power of expropriation under certain
circumstances; and
WHEREAS, in 2020, the legislature enacted Act No. 61, which further amended the
2009 Act by refining definitions, procedures, and the exercise of eminent domain; and
Page 1 of 3
HCR NO. 61 ENROLLED
WHEREAS, in 2024, the legislature enacted Act No. 620 which changed R.S.
19:2(12) to 19:2(11); and
WHEREAS, the Louisiana Supreme Court's ruling in Plaquemines raises serious
questions about whether the eminent domain provisions contained in the 2009 and 2020 Acts
remain constitutionally valid in light of the strict "public purpose" limitations imposed by
Article I, Section 4; and
WHEREAS, Act No. 517 of the 2009 Regular Session and others between 2006 and
the Plaquemines case have raised concerns that the statutes and the constitution may be in
conflict; and
WHEREAS, continued uncertainty surrounding these provisions may expose the
state, political subdivisions, and private parties to protracted litigation, increased costs,
regulatory instability, and potential societal disruption in the rapidly evolving carbon
capture, utilization, and storage industry.
THEREFORE, BE IT RESOLVED that the House of Representatives of the
Legislature of Louisiana, the Senate concurring, does hereby direct the Louisiana State Law
Institute to conduct a comprehensive study of the Plaquemines Port Harbor and Terminal
Dist. v. Nguyen decision and its impact on the expropriation authority provided for in the
Constitution of Louisiana and R.S. 19:2.
BE IT FURTHER RESOLVED that the Louisiana State Law Institute shall
specifically examine whether the eminent domain and expropriation authority granted to
private entities under those Acts is consistent with the current requirements of Article I,
Section 4 of the Constitution of Louisiana, and shall evaluate the advisability of repealing,
amending, or replacing those provisions to eliminate constitutional vulnerabilities, prevent
future litigation, and protect public safety, property rights, and economic development.
BE IT FURTHER RESOLVED that the Louisiana State Law Institute shall submit
a written report of its findings, conclusions, and any recommended legislation to the House
Committee on Civil Law and Procedure and the Senate Committee on Judiciary A no later
than February 1, 2027.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
director of the Louisiana State Law Institute.
Page 2 of 3
HCR NO. 61 ENROLLED
BE IT FURTHER RESOLVED that the Louisiana State Law Institute shall submit
one printed copy and one electronic copy of any report produced pursuant to this Resolution
to the David R. Poynter Legislative Research Library as required by R.S. 24:772.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
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