§214.67.  Contesting validity of taking; waiver of defenses

A.  Any defendant desiring to contest the validity of the taking on the ground that the property was not located within the coastal zone or was not expropriated for barrier island preservation, restoration, or creation for coastal wetlands purposes may file a motion to dismiss the suit within thirty days from the date the notice was served on him.  He shall certify thereon that a copy thereof has been served personally or by mail on either the plaintiff or his attorney of record in the suit.  This motion shall be tried contradictorily with the plaintiff to the judge alone and shall be given preference in scheduling and hearing.  Ruling on the motion shall be rendered expeditiously.

B.  Failure to file the motion within the time provided or to serve a copy thereof on the plaintiff constitutes a waiver of all defenses to the suit except claims for recognition of the ownership of subsurface mineral rights as provided for in this Part.

Acts 2004, No. 633, §1, eff. July 5, 2004.