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RS 9:3184 Appeal; payment of award to owner or deposit in court as entitling plaintiff to property

§3184.  Appeal; payment of award to owner or deposit in court as entitling plaintiff to property

No party to any expropriation proceeding shall be entitled to or granted a suspensive appeal from any order, judgment, or decree rendered in such proceeding, whether such order, judgment, or decree is on the merits, exceptions, or special pleas and defenses, or any or all of them.  The whole of the judgment, however, shall be subject to the decision of the appellate court on review under a devolutive appeal.  

When a devolutive appeal is taken by either party, payment to the owner of the amount awarded by the trial court, or the deposit thereof in the registry of the court, entitles the plaintiff to the property described in the judgment in the same manner as would a voluntary conveyance.  If any change in the amount awarded is made on such appeal, the plaintiff shall pay the additional assessment or recover the surplus paid.  

Amended by Acts 1954, No. 705, §1; Acts 1960, No. 92, §1; Redesignated by Acts 1993, No. 841, §2, eff. Jan. 1, 1995.  

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