USA – LOUISIANA Law and Practice Contributed by: Jeffrey P. Good, Susan M. Tyler, B. Trevor Wilson and Parker Hufft, Jones Walker LLP
2. Sale and Purchase 2.1 Categories of Property Rights
vention and tourism infrastructure. Additionally, the Charity Hospital redevelopment represents a USD600 million investment by the developer and Tulane Uni - versity to transform the historic structure into a bio - medical innovation hub. More recently, Ochsner broke ground on the USD300 million Gayle and Tom Benson Children’s Hospital, expanding paediatric care and creating 400 jobs. Together, these projects highlight the state’s growth, innovation and investment in infra - structure, economy and community for the foresee - able future. Alternative financing sources, including private equity and opportunity zone funds, have gained prominence as traditional lending has tightened. 1.3 Proposals for Reform The most significant legislative reform affecting the real estate market pertains to property insurance. The reforms aim to attract more insurance carriers to Louisiana’s market, addressing the crisis precipitated by the withdrawal of major insurers following recent hurricane seasons. In the renewable energy sector, significant policy shifts may be on the horizon. Effective 1 October 2025, Louisiana reorganised its Department of Energy and Natural Resources into the Louisiana Department of Conservation and Energy (C&E), consolidating key conservation, energy and natural resource functions. The restructuring is intended to modernise oversight, improve interagency co-ordination and streamline permitting and regulatory processes for both tradi - tional and emerging energy industries while maintain - ing environmental standards. The state legislature is currently contemplating additional regulations on solar farms and carbon sequestration, both large growth industries in Louisiana over the past few years. Several parishes have also proposed or implemented zoning reforms to encourage transit-oriented develop - ment and affordable housing, with the New Orleans City Council considering expanded inclusionary zoning requirements beyond the current mandatory requirements in certain neighbourhoods.
Real estate may be owned by one or more persons or juridical entities. Ownership of real estate by two or more persons or juridical entities is referred to as “ownership in indivision”. Although the Louisiana Civil Code provides for the management and com - mon use of property owned in indivision, commercial practice is for common ownership of property to be held indirectly through a single juridical entity such as a corporation, limited liability company (LLC) or limited partnership. In addition to full (fee) ownership, which includes the right to use and enjoy the property, a person or juridi - cal entity may obtain the following interests in real estate: • a leasehold interest for up to 99 years; • a servitude (easement in common law), such as a right of passage; • a usufruct (life estate in common law); • a right of habitation (right to dwell in the house of another); or • a personal servitude of right of use (right of speci - fied use). 2.2 Laws Applicable to Transfer of Title Real property is referred to in Louisiana as immovable property, and is transferred by a contract between the owner and transferee. Such a contract is typically referred to as an act of sale. While there is no legal requirement for an act of sale to be witnessed or notarised, the Louisiana uniform title standards require that such instruments be “in a form which would allow their introduction into evidence in a court proceeding as prima facie proof of their contents”. Accordingly, an act of sale should always be executed in “authentic form” in the presence of a notary public and two witnesses, which is the only form of a “self-proving” act. An act of sale must be signed by the individual who owns the property or by an individual properly author - ised to sign and deliver the act of sale on behalf of the legal entity that owns the property. Corporate resolu -
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