§ Art. 3654 Proof of title in action for declaratory judgment, concursus, expropriation, or similar proceeding

Codes > Louisiana Code of Civil Procedure > Book I > Title II : Chapter 1 > Art. 3654

Art. 3654. Proof of title in action for declaratory judgment, concursus, expropriation, or similar proceeding

    When the issue of ownership of immovable property or of a real right therein is presented in an action for a declaratory judgment, or in a concursus, expropriation, or similar proceeding, or the issue of the ownership of funds deposited in the registry of the court and which belong to the owner of the immovable property or of the real right therein is so presented, the court shall render judgment in favor of the party:

    (1) Who would be entitled to the possession of the immovable property or real right therein in a possessory action, unless the adverse party proves that he has acquired ownership from a previous owner or by acquisitive prescription; or

    (2) Who proves better title to the immovable property or real right therein, when neither party would be entitled to the possession of the immovable property or real right therein in a possessory action.