NOTE: §2124 eff. until Jan. 1, 2026, upon ratification of the const. amend. proposed by Acts 2024, No. 409.

§2124. Liability of tax collectors and tax assessors

            A. Tax collectors and tax assessors shall bear no liability, either in their personal or in their official capacity, arising out of any redemption nullity.

            B. Liability shall not be imposed on tax collectors or tax assessors or their employees based upon the exercise or performance or the failure to exercise or perform their duties under this Chapter.

            C. The provisions of Subsection B of this Section are not applicable to acts or omissions which constitute criminal, fraudulent, malicious, intentional, willful, outrageous, reckless, or flagrant misconduct.

            D. Any action against a tax collector or tax assessor shall be brought prior to the earlier to occur of:

            (1) One year after the claimant knew or should have known of the act or failure to act giving rise to the cause of action.

            (2) The date of termination of the right of the claimant to bring an action for nullity.

            E. The liability of the tax collector or tax assessor in his official capacity for the obligations of his office terminates when he ceases to hold office and his successor is appointed, who shall then succeed in his official capacity to all of the obligations of the preceding holder of the office incurred in his official capacity, subject to the provisions of R.S. 47:2162.

NOTE: §2124 eff. Jan. 1, 2026, upon ratification of the const. amend. proposed by Acts 2024, No. 409.

§2124. Liability of tax collectors and tax assessors

            A. Liability shall not be imposed on tax collectors or tax assessors or their employees in either their personal or official capacity, based upon the exercise or performance or the failure to exercise or perform their duties under this Chapter.

            B. The provisions of Subsection A of this Section shall not be applicable to acts or omissions that constitute criminal, fraudulent, malicious, intentional, willful, outrageous, reckless, or flagrant misconduct.

            C. Any action against a tax collector or tax assessor shall be brought prior to the earlier to occur of:

            (1) One year after the claimant knew or should have known of the act or failure to act giving rise to the cause of action.

            (2) The date of termination of the right of the claimant to bring an action for nullity.

            D. The liability of the tax collector or tax assessor in his official capacity for the obligations of his office terminates when the tax collector or tax assessor ceases to hold office and his successor is appointed, who shall then succeed in his official capacity to all of the obligations of the preceding holder of the office incurred in his official capacity, subject to the provisions of R.S. 47:2162.

            Acts 2008, No. 819, §1, eff. Jan. 1, 2009; Acts 2024, No. 774, §1, see Act.