Cited by
Opinions in Louisiana that cite Delaune v. Board of Commissioners, 87 So. 2d 749.
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South Lafourche Levee District v. Chad M. Jarreau
217 So. 3d 298
La. 2017
2d at 608 (citing Delaune v. Board of Comm’rs, 87 So.
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Sid-Mar's Restaurant & Lounge, Inc. v. State ex rel. Governor
142 So. 3d 188
La. Ct. App. 1st Cir. 2014
of Com’rs for Pontchartrain Levee Dist., , the Louisiana Supreme Court recognized that the law used by the PLD for their appropriation, La.
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Benton v. Board of Commissioners for the East Jefferson Levee District
672 So. 2d 999
La. Ct. App. 1st Cir. 1996
Code, Art. 665, it was simply exercising its right to the public servitude on the shores of the lake, for which no compensation was owing, but for which affected property owners could recover the assessed value as a gratuity, see Delaune v. Board of Commissioners ┴3for the Pontchartrain Levee District, , (1956).
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DeSambourg v. BOARD OF COM'RS
621 So. 2d 602
La. 1993
(1956); Dickson v. Board of Comm'rs of Caddo Levee Dist., 210 La.
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Gravolet v. Board of Com'rs
598 So. 2d 1231
La. Ct. App. 4th Cir. 1992
of Com'rs for Pontchartrain Levee Dist., , (1956).
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Kimble v. Board of Commissioners
598 So. 2d 1251
La. Ct. App. 1st Cir. 1992
(1956), the court recognized that the art. 665 servitude is not limited to land bordering on the shore of a river “but covers all adjoining lands within the reasonable necessities for flood control unaided by artificial causes.” In A.K.
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Tenneco Oil Co. v. Board of Com'rs
567 So. 2d 113
La. Ct. App. 4th Cir. 1990
(1956); Jeanerette Lumber & Shingle Co., LTD. v. Board of Commissioners for the Atchafalaya Basin Levee District, 249 La.
- Delaune v. City of Kenner 550 So. 2d 1386 La. Ct. App. 5th Cir. 1989
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Board of Com'rs v. Percle
535 So. 2d 1240
La. Ct. App. 3d Cir. 1988
2d 266 (La.1978); , (1956).
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Burdin v. Board of Com'rs for Atchafalaya Basin Levee Dist.
533 So. 2d 977
La. Ct. App. 3d Cir. 1988
On this point, , (1956) and Jeanerette Lumber & Shingle Co., Ltd. v. Board of Commissioners for the Atchafalaya Basin Levee District, 249 La.
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Pillow v. Board of Com'rs
425 So. 2d 1267
La. Ct. App. 2d Cir. 1983
490 (1896); , (1956); Dickson v. Board of Com'rs of Caddo Levee Dist., 210 La.
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Terrebonne v. SOUTH LOUISIANA TIDAL WATER CONTROL LEVEE DIST.
414 So. 2d 805
La. Ct. App. 1st Cir. 1982
The scope of Article 665 , (1956).
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Pillow v. BD. OF COM'RS FOR FIFTH LA. L. DIST.
369 So. 2d 1172
La. Ct. App. 2d Cir. 1979
490 (1896); , (1956); Dickson v. Board of Com'rs of Caddo Levee Dist., 210 La.
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Pillow v. Board of Commissioners for Fifth Louisiana Levee District
369 So. 2d 1172
La. Ct. App. 1st Cir. 1979
490 (1896); , (1956); Dickson v. Board of Com’rs of Caddo Levee Dist., 210 La.
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Detlic Farm & Timber Co. v. Board of Com'rs
368 So. 2d 1109
La. Ct. App. 2d Cir. 1979
The plaintiffs rely primarily on a , (1956), which cases, the plaintiffs contend, hold that property is subject to the levee servitude only if the property was riparian at the time the property was severed from the public domain.
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Stevenson v. BD. OF LEVEE COM'RS, ETC.
353 So. 2d 459
La. Ct. App. 3d Cir. 1978
(1956), our Supreme Court stated two tests: (1) The property must have been riparian property when it was separated from the public domain.
- Taylor v. BOARD OF LEVEE COM'RS 332 So. 2d 495 La. Ct. App. 3d Cir. 1976
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Grayson v. Commissioners of Bossier Levee District
229 So. 2d 139
La. Ct. App. 2d Cir. 1969
v. Board of Commissioners for the Pontchartrain Levee District, , (1956) and Board of Commissioners for the Pontchartrain Levee District v. Baron, 236 La.
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Hathorn v. Board of Commissioners
218 So. 2d 335
La. Ct. App. 1st Cir. 1969
846 , ; Delaune v. Board of Comm’rs, , ; see also, Jeanerette Lumber & Shingle Co. v. Board of Comm’rs, 249 La.
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Thomas v. Board of Commissioners for the Pontchartrain Levee District
208 So. 2d 163
La. Ct. App. 1st Cir. 1968
and clarified the conditions under which our court would recognize an extension of the servitude to shores not on rivers or navigable streams.
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Jeanerette Lumber & Shingle Co. v. Board of Commissioners for the Atchafalaya Basin Levee District
187 So. 2d 715
La. 1966
v. Board of Commissioners for the Pontchartrain Levee District, , .
- Jeanerette Lumber & Shingle Co. v. Board of Commissioners 181 So. 2d 415 La. Ct. App. 1st Cir. 1965
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Board of Commissioners v. St. Landry Parish School Board
136 So. 2d 44
La. 1961
121 , , , *47 and Board of Com’rs for Pontchartrain Levee Dist.
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Board of Commissioners v. St. Landry Parish School Board
130 So. 2d 692
La. Ct. App. 1st Cir. 1961
846 , ; Delaune v. Board of Commissioners, etc., , ; Dickson v. Board of Commissioners, etc., 210 La.
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Peart v. State
125 So. 2d 673
La. Ct. App. 3d Cir. 1960
Defendant's position is further strengthened by the fact that the Ruch case has recently been cited with approval by the Supreme Court in Delaune v. Board of Commissioners, 1956, , and Board of Commissioners for Pontchartrain Levee District v. Baron, 1959, 236 La.
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A. K. Roy, Inc. v. Board of Commissioners
111 So. 2d 765
La. 1959
9 It would appear from the pleadings and argument and briefs of counsel in this court that the principal question urged in the lower court, other than the one just disposed of, , , on the facts of the case at bar.
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Board of Com'rs for Pontchartrain L. Dist. v. Baron
109 So. 2d 441
La. 1959
Civil Code Art. 665; , , and numerous cases there cited.
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Bourree v. A. K. Roy, Inc.
94 So. 2d 13
La. 1957
121 , ; , and cases there cited.