§269. Rest areas; roadside development areas; procedure

A. The department may acquire by donation, purchase, lease, exchange, or expropriation the full ownership or any lesser interest therein of property it determines to be reasonably necessary or useful for the restoration, preservation, and enhancement of scenic beauty within or adjacent to the state highways, including acquisition of areas for the establishment and operation of publicly owned and controlled rest and recreation areas and sanitary and other facilities, in order to promote the safety, convenience, and enjoyment of travel on and the protection of the public investment in state highways, and in order that the department may receive and expend funds from the federal government and other federal aid funds that may be available.

B. The procedure in expropriation proceedings filed for these purposes shall be in accordance with the provisions of R.S. 48:441 et seq. but, whether an entire tract of land or only a portion thereof is expropriated, the provisions of R.S. 48:450 instead of R.S. 48:451 shall apply and the certificate of the chief engineer required by R.S. 48:442(3), may be eliminated.

C. In all cases negotiation will be conducted with the landowner before expropriation and specific consideration shall be given to the views of the landowner as to selection of portions of or tracts of land to be expropriated within the limits of the needs of the design of the highway.

D. This Section shall be liberally construed to effectuate these purposes.

Amended by Acts 1966, No. 475, §1; Acts 1977, No. 291, §1; Acts 2006, No. 11, §5.