Cited by
Opinions in Louisiana that cite City of Shreveport v. Abe Meyer Corp., 52 So. 2d 445.
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St. Bernard Port v. Violet Dock Port, Inc.
255 So. 3d 57
La. Ct. App. 1st Cir. 2018
447 (1951), affirmed as amended , 223 La.
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State of La., Thru Dotd v. Paul Henry Wagner
La. Ct. App. 3d Cir. 2009
An assessment of damages in an expropriation case must include consideration of the most profitable use to which the land can be put “by reason of its location, topography, and adaptability.” So.2d 445, 447 (1951).
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State, Department of Transportation & Development v. Wagner
25 So. 3d 221
La. Ct. App. 1st Cir. 2009
An assessment of damages in an expropriation case must include consideration of the most profitable use to which the land can be put “by reason of its location, topography, and adaptability.” , (1951).
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Exxon Pipeline Co. v. Hill
788 So. 2d 1154
La. 2001
(1951), affirmed as amended, 223 La.
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Exxon Pipeline Co. v. LeBlanc
763 So. 2d 128
La. Ct. App. 1st Cir. 2000
amended and affirmed, 223 La.
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Exxon Pipeline Co. v. Hill
763 So. 2d 144
La. Ct. App. 1st Cir. 2000
(1951), amended and affirmed, 223 La.
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Southwestern Elec. Power Co. v. Scurlock
485 So. 2d 72
La. Ct. App. 2d Cir. 1986
amended and affirmed, 223 La.
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State, Dept. of Highways v. Terrace Land Co., Inc.
298 So. 2d 859
La. 1974
The chief decisions of this court relied upon by the Department are: , (1951) (remanded) and 223 La.
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City of New Orleans v. Cloutet
296 So. 2d 357
La. Ct. App. 4th Cir. 1974
[5] , ; State, Department of Highways v. Talbot, La.App., .
- Lafayette Airport Commission v. Roy 265 So. 2d 459 La. Ct. App. 3d Cir. 1972
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State Ex Rel. Department of Highways v. Wolfe
252 So. 2d 483
La. Ct. App. 3d Cir. 1971
This would be a departure from the established rule that the measure of value of property expropriated for public use is market value at the time of the taking, i. e., the price which could be agreed upon by a willing seller and a willing buyer under normal circumstances, , (1951); State Through Department of Highways v. Jenkins, La.App., ; and State Through Department of Highways v. Mouledous, La.App., 200 So.
- Louisiana Power & Light Company v. Dixon 201 So. 2d 346 La. Ct. App. 2d Cir. 1967
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Louisiana Power & Light Co. v. Edward J. Gay Planting & Manufacturing Co.
200 So. 2d 29
La. Ct. App. 1st Cir. 1967
Co. v. Harang, La.App., ; , ; ; Central La.
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Louisiana Power & Light Company v. Ristroph
200 So. 2d 14
La. Ct. App. 1st Cir. 1967
See City of Shreveport v. Abe Meyer Corp., 1951, , ; State, Through Department of Highways v. Madden, La.App., 2nd Cir. 1962, ; Central Louisiana Electric Co. v. Mire, La.App., 1st Cir. 1962, ; State, Through Department of Highways v. Carlina, La.App., 1st Cir. 1964, .
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Louisiana Power & Light Company v. Greenwald
188 So. 2d 618
La. Ct. App. 2d Cir. 1966
784 , (1944); , (1951); Louisiana Power & Light Company v. Simmons, 229 La.
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Louisiana Power & Light Co. v. Roy
198 So. 2d 484
La. Ct. App. 1st Cir. 1966
784 , (1944); , (1951); Louisiana Power & Light Company v. Simmons, 229 La.
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State, Sabine River Authority v. Salter
184 So. 2d 783
La. Ct. App. 3d Cir. 1966
and authorities cited therein.
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Central Louisiana Electric Company v. Dunbar
183 So. 2d 111
La. Ct. App. 1st Cir. 1965
Louisiana Power and Light Company v. De Bouchel, La.App., .
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City of Monroe v. Nastasi
175 So. 2d 681
La. Ct. App. 2d Cir. 1965
It is well-established that the highest and best use to which the property is adapted must be taken into account; , ; Louisiana Power & Light Co. v. Simmons, 229 La.
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State ex rel. Department of Highways v. Treat
163 So. 2d 578
La. Ct. App. 1st Cir. 1964
It is quite true, , that in condemnation cases the fixing of market value should be considered with relation to the most profitable use to which the land can be put with respect to location, topography and adaptability.
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State v. Brooks
152 So. 2d 637
La. Ct. App. 2d Cir. 1963
657 , ; , ; Louisiana Power & Light Company v. Simmons, 229 La.
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State ex rel. Department of Highways v. Olivier
145 So. 2d 97
La. Ct. App. 5th Cir. 1962
657 , ; , ; Housing Authority of New Orleans v. Brinkmann, 224 La.
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Louisiana Power and Light Company v. BOUCHEL
143 So. 2d 270
La. Ct. App. 4th Cir. 1962
201 , 78 So.(2d) 833; , 52 So.
- State ex rel. Department of Highways v. Hayward 142 So. 2d 832 La. Ct. App. 1st Cir. 1962
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State ex rel. Department of Highways v. Bundy
143 So. 2d 785
La. Ct. App. 1st Cir. 1962
657 , ; , ; Housing Authority of New Orleans v. Brinkmann, 224 La.
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Trunkline Gas Co. v. Cassidy
138 So. 2d 424
La. Ct. App. 1st Cir. 1962
* * * * * * “ , , has been departed from herein, as counsel for defendant contend.
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State ex rel. Department of Highways v. Madden
139 So. 2d 21
La. Ct. App. 1st Cir. 1962
448-(1951), that evidence elicited in an expro-- *23 priation case is not to be restricted to testimony showing market value for all purposes, but “the inquiry extends to any and all evidence which might be of aid to the court in determining the true value provided for in Article 2633.” The court elab
- State ex rel. Department of Highways v. Atkinson 135 So. 2d 381 La. Ct. App. 1st Cir. 1961
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State v. Hedwig, Inc.
133 So. 2d 180
La. Ct. App. 4th Cir. 1961
is what a prospective purchaser for subdivision purposes would have been willing to pay for the property.
- State v. Gras 131 So. 2d 628 La. Ct. App. 2d Cir. 1961
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State v. Crockett
131 So. 2d 129
La. Ct. App. 2d Cir. 1961
165 , ; , ; Louisville & N. R. Co. v. R. E. E. De Montluzin Co., 166 La.
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State ex rel. Department of Highways v. Pace
131 So. 2d 118
La. Ct. App. 1st Cir. 1961
262 , ; , ; Arkansas Louisiana Gas Co. v. Morehouse Realty Co., La.App.2d Cir., 1961, ; LSA-C.C.
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State ex rel. Department of Highways v. McNeely
130 So. 2d 136
La. Ct. App. 1st Cir. 1961
657 , ; , ; Housing Authority of New Orleans v. Brinkmann, 224 La.
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State ex rel. Department of Highways v. Barnard
130 So. 2d 151
La. Ct. App. 1st Cir. 1961
However, we do not regard the pronouncements in the case above cited as detracting from or minimizing the correlated and equally well-established principle that the most profitable use to which land can be put by reason of its location, topography and adaptability will be considered in condemnation cases as bearing upon its market value; , ; Koerber v. City of New Orleans, 234 La.
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St. Bernard Parish School Board v. Carolyn Park, Inc.
131 So. 2d 351
La. Ct. App. 1st Cir. 1961
City of Shreveport v. Abe Meyer Corp., 1951, , .
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State ex rel. Department of Highways v. Varino
129 So. 2d 495
La. Ct. App. 1st Cir. 1961
165 , ; City of Shreveport v. Abe Meyer Corporation, 1951, , .
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Louisiana Power & Light Co. v. Tricou
128 So. 2d 24
La. Ct. App. 1st Cir. 1961
L[ouisville] & N Railroad Co. v. R. E. E. De Montluzin Co., 166 La.
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Arkansas Louisiana Gas Co. v. Morehouse Realty Co.
126 So. 2d 830
La. Ct. App. 2d Cir. 1961
854 ; , ; Louisiana Power & Light Company v. Simmons, 229 La.
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Louisiana Power & Light Co. v. Ponder
127 So. 2d 1
La. Ct. App. 1st Cir. 1961
Louisville & N. Railroad Co. v. R. E. E. De Montluzin Company, 166 La.
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State v. Rownd
119 So. 2d 282
La. Ct. App. 5th Cir. 1960
In the first place, we realize that in establishing a , , 447: "* * * Article 2633 of the Civil Code, in speaking of true value, contemplates, of course, that the criterion to be used in expropriation proceedings in arriving at the basis for assessment is market valuethat is, the price which would be agreed upon at a voluntary sale between a willing seller
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State ex rel. Department of Highways v. Havard
118 So. 2d 131
La. 1960
657 , ; , ; Housing Authority of New Orleans v. Brinkmann, 224 La.
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State ex rel. Department of Highways v. Esnard
117 So. 2d 52
La. 1960
657 , ; , ; Housing Authority of New Orleans v. Brinkmann, 224 La.
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State Ex Rel. Department of Highways v. Mortallaro
101 So. 2d 450
La. 1958
657 , ; , ; Housing Authority of New Orleans v. Brinkmann, 224 La.
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Koerber v. City of New Orleans
100 So. 2d 461
La. 1958
is the test for determining the value of property taken under the power of eminent domain.
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STATE, DEPT. OF HWYS. v. Sauls
99 So. 2d 97
La. 1958
262 , ; , ; Housing Authority of New Orleans v. Persson, 203 La.
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State ex rel. Department of Highways v. Ragusa
99 So. 2d 20
La. 1958
657 , ; , ; Housing Authority of New Orleans v. Brinkmann, 224 La.
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State ex rel. Department of Highways v. Sauls
99 So. 2d 97
La. 1958
262 , ; , ; Housing Authority of New Orleans v. Persson, 203 La.
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Lafayette Parish Through the Police Jury v. Hernandez
93 So. 2d 672
La. 1957
854 ; , , and numerous authorities therein cited.” It is conceded that the most profitable use to which this land could be put by reason of its location, topography, and adaptability is that of a subdivision, and this fact should be considered in determining its market value.
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Louisiana Power & Light Company v. Simmons
85 So. 2d 251
La. 1956
854 ; , , and numerous authorities therein cited.
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Caddo Parish School Board v. Willer
78 So. 2d 833
La. 1955
*208 , , has been departed from herein, as counsel for defendant contend.