The sheriff shall take actual possession of all movable property seized which is susceptible of actual possession and may remove it to a warehouse or other place of safekeeping. He may take actual possession of all immovable property seized, unless it is under lease or occupied by an owner. He shall safeguard, protect, and preserve all property seized of which he has taken or is required to take actual possession; and for such purposes may appoint a keeper of the property.
Art. 326.Protection and Preservation of Property Seized
Title I. Courts · Chapter 6. Sheriffs · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 326 requires the sheriff to take actual possession of seized movable property that can be physically possessed, permits him to take possession of seized immovable property unless it is leased or owner-occupied, and obligates him to safeguard, protect, and preserve seized property, including by appointing a keeper.
Full Text of Art. 326
Plain-English Summary
Seizing property is not just paperwork — once the sheriff seizes something to satisfy a judgment or secure a claim, he becomes its custodian until the court disposes of the case. Article 326 spells out what that custody looks like for the two broad categories of property.
Movable property capable of actual possession — vehicles, equipment, inventory, and the like — the sheriff takes into his own hands, and he may move it to a warehouse or other place of safekeeping. Immovable property, like land or a building, he may take actual possession of too, but not when it is under lease or occupied by an owner; removing an occupant before judgment is neither practical nor required by this article.
Whatever seized property the sheriff has taken or must take actual possession of, he has to safeguard, protect, and preserve it. To do that job, he may appoint a keeper — someone who watches over the property when the sheriff cannot monitor it personally, which comes up often with livestock, inventory, or an operating business.
Frequently Asked Questions
Does the sheriff physically remove everything he seizes?
Movable property capable of actual possession is typically taken and may be stored elsewhere. Immovable property is generally left in place unless it is unoccupied and not under lease.
What is a "keeper" of seized property?
A person the sheriff appoints to watch over and safeguard property under seizure, especially when the sheriff cannot monitor it in person.
Can the sheriff seize a home someone is living in or renting?
The seizure still attaches, but Article 326 does not require the sheriff to take actual possession of immovable property that is under lease or occupied by an owner.
Who is responsible if seized property is damaged or lost while under seizure?
The sheriff, who has a duty under Article 326 to safeguard, protect, and preserve property he has taken or must take into actual possession.
Source & verification. Article text is reproduced verbatim from
the vLex (Louisiana Code of Civil Procedure, 2026 Edition). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
Also known as: sheriff seized property custody louisianakeeper of seized property louisianaseizure of movable and immovable propertyla cpp article 326