The commission may acquire, sell, lease, or otherwise dispose of property and property rights, and it must first offer certain eminent-domain surplus rights back to the prior owner at the lower of fair market value or the original price paid.
§2158. Acquisition of lands and property A. For the purposes of this Chapter, the commission may acquire private or public property and property rights by donation, purchase, exchange, or eminent domain proceedings, as the commission may deem necessary for any commission purpose in the transportation corridor designated by the commission. B. In the acquisition of land and property rights, the commission may acquire an entire lot, block, or tract of land, if, by so doing, the acquisition cost to the commission will be equal to or less than the cost of acquiring only that portion of the property thereof necessary for the project. This Subsection is a specific recognition that this means of limiting the rising costs of such property acquisition is a public purpose and that, without this limitation, the viability of many public projects will be threatened. C. The commission may sell, lease, or otherwise dispose of all or any portion of a project, provided that the sale, lease, or other disposition of a state-designated project shall require department approval. Notwithstanding any law to the contrary, any surplus property may be sold in accordance with procedures adopted by the commission that maximize the price received for such property provided that, notwithstanding any other provision of law to the contrary, whenever any surplus property is acquired by the commission by eminent domain proceedings, the commission first shall offer to sell whatever rights it acquired back to the prior owner or his successors in title, at the fair market value or at the original price paid, whichever is less. D. When the commission acquires property for a project, it is not subject to any liability imposed by preexisting conditions. This Subsection does not, however, affect the rights or liabilities of any past or future owners of the acquired property, nor does it affect the liability of any governmental entity for the results of its actions which create or exacerbate a pollution source. The commission and the Louisiana Department of Environmental Quality may enter into agreements for the performance, funding, and reimbursement of the investigative and remedial acts necessary for property acquired by the commission. Acts 2009, No. 518, §1, eff. July 10, 2009.