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Art. 8.Jurisdiction Over Property; In Rem

Title I. Courts · Chapter 1. Jurisdiction · Enacted 1995 · no amendments on record · Last verified July 30, 2026

In one sentenceArticle 8 gives a competent Louisiana court jurisdiction to enforce a right in, to, or against property located in the state, even when the property belongs to a nonresident the court cannot reach personally.

Full Text of Art. 8

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A court which is otherwise competent under the laws of this state has jurisdiction to enforce a right in, to, or against property having a situs in this state, claimed or owned by a nonresident.

Amendment History

Acts 1995, No. 1104, §1.

Plain-English Summary

In rem jurisdiction is jurisdiction over a thing rather than a person. Article 8 lets a Louisiana court decide rights in property — land, for example, or other assets with a legal situs here — because the property sits in Louisiana, whether or not the court can ever reach the nonresident owner personally.

This matters for cases like quieting title to land, resolving competing claims to property, or foreclosing a mortgage against an owner who has left the state or never lived here at all. The court's power flows from the property's location, not from any contact between the owner and Louisiana courts. A judgment reached this way binds the property itself; it doesn't create a personal debt the owner has to pay out of other assets.

Article 8 works alongside Article 9, which covers a related but distinct situation: using an attachment of a nonresident's property to reach a money judgment, rather than adjudicating rights in the property itself.

Frequently Asked Questions

What does ‘in rem jurisdiction’ mean?

It means jurisdiction over property rather than over a person — the court's power comes from the property's location in Louisiana, not from any personal contact between its owner and the state.

Can a Louisiana court decide who owns land here even if the owner lives out of state and was never served personally?

Yes. Article 8 grounds jurisdiction in the property's location, so a court can enforce a right in, to, or against Louisiana property owned by a nonresident.

Does a judgment under Article 8 create personal liability for the owner?

No. In rem jurisdiction reaches the property itself. It doesn't give the court power to enter a personal money judgment against the owner beyond that property.

How is Article 8 different from Article 9's quasi in rem jurisdiction?

Article 8 lets a court adjudicate rights in specific property located here. Article 9 lets a court use an attachment of a nonresident's property as the hook for a money judgment, which can then be executed only against what was attached.

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
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