Cited by
Opinions in Louisiana that cite STATE, DEPT. OF HWYS. v. Sauls, 99 So. 2d 97.
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Orleans Parish School Board v. Schuler
200 So. 2d 411
La. Ct. App. 1st Cir. 1967
“ * * * It is well settled that mere consequential injuries to the owners arising from disturbance or injury to business are damna absque injuria * * *” , .
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Florida Gas Transmission Co. v. Munson
198 So. 2d 750
La. Ct. App. 1st Cir. 1967
223 , ; , ; State v. Dowling, 205 La.
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State, Department of Highways v. Babineaux
189 So. 2d 450
La. Ct. App. 3d Cir. 1966
Unfortunately, under the prevalent jurisprudence the owner is not entitled to compensation for non-economic consequential injuries such as discomfort, disturbance, or loss of esthetic value in expropriation proceedings, , , Rapides Parish School Board v. Nassif, 232 La.
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Gulf States Utilities Company v. Norman
183 So. 2d 421
La. Ct. App. 3d Cir. 1966
223 , ; , ; State v. Dowling, 205 La.
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State ex rel. Department of Highways v. Acme Brick Co.
162 So. 2d 37
La. Ct. App. 1st Cir. 1964
640 , it was held that mere consequential injuries to owners of property, arising from discomfort, disturbance, injury to business, and the like, are sacrifices which society has the right to ask for the public good, and are not compen-sable.” The rule was enunciated as follows in State, through Department of Highways, v. Sauls, , , which is certainly applicable herein : “There is no merit in defendant’s contention that his remaining property i. e., his grocery merchandise, trade fixtures, and f
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State ex rel. Department of Highways v. Carmouche
155 So. 2d 451
La. Ct. App. 1st Cir. 1963
587 , ; , ; Rapides Parish School Board v. Nassif, 232 La.
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State ex rel. Department of Highways v. O'Neal
150 So. 2d 608
La. Ct. App. 1st Cir. 1963
587 , ; , ; Rapides Parish School Board v. Nassif, 232 La.
- State v. Henderson 138 So. 2d 597 La. Ct. App. 3d Cir. 1962
- State ex rel. Department of Highways v. Madden 139 So. 2d 21 La. Ct. App. 1st Cir. 1962
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Mississippi River Bridge Authority v. Gwin
138 So. 2d 175
La. Ct. App. 1st Cir. 1962
668 , ; , ; State v. Grand Consistory, etc., 237 La.
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State Ex Rel. Department of Highways v. Levy
136 So. 2d 35
La. 1961
218 , ; East Baton Rouge Parish Council v. Koller, La.App., ; , .
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State ex rel. Department of Highways v. Cordaro
133 So. 2d 855
La. Ct. App. 1st Cir. 1961
Housing Authority of New Orleans v. Persson, 203 La.
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State v. Crockett
131 So. 2d 129
La. Ct. App. 2d Cir. 1961
It has been held that "* * * the best guide is evidence of sales of similar or comparable properties in the vicinity * * *" ( , , 101) and that such sales are the best criteria of value in expropriation proceedings.
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State ex rel. Department of Highways v. Pace
131 So. 2d 118
La. Ct. App. 1st Cir. 1961
1005 , ; , ; State through Department of Highways v. Ragusa, supra.
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Central Louisiana Electric Co. v. Harang
131 So. 2d 398
La. Ct. App. 1st Cir. 1961
740 , ; Louisiana Highway Commission v. Boudreaux, supra; , 99 So.
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Central La. El. Co. v. Covington & St. Tammany L. & I. Co.
131 So. 2d 369
La. Ct. App. 1st Cir. 1961
521 ; , , such damages, however, are compensable and recoverable to the extent they decrease or diminish the market value of the owner's remaining property.
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State Ex Rel. Department of Highways v. McDuffie
123 So. 2d 93
La. 1960
223 , ; State v. Sauls, 1958, , ; and State v. Dowling, 1944, 205 La.
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Parish of East Baton Rouge v. Edwards
119 So. 2d 175
La. Ct. App. 1st Cir. 1960
(Cf., "various considerations, such as location, assembly or plottage value, corner influence, and best use, are of great importance in fixing market value", , , 102.)
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State ex rel. Department of Highways v. Esnard
117 So. 2d 52
La. 1960
101, we recognized the difficulty in applying rules with respect to a determination of fair market value in expropriation proceedings and said: “ * * * As has often been said by this Court, the best guide is evidence of sales of similar or comparable properties in the vicinity.
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Parish of Iberia v. Cook
116 So. 2d 491
La. 1959
the property involved fronted on two streets and an alley and improvements covered practically the whole land area.
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Orleans Parish School Board v. Paternostro
107 So. 2d 451
La. 1958
State v. Dowling, 205 La.
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State Ex Rel. Department of Highways v. Mortallaro
101 So. 2d 450
La. 1958
262 , .” , , we recognized the difficulty experienced in the application of rules with respect to a determination of fair market value in expropriation proceedings and said: “As has often been said by this Court, the best guide is evidence of sales of similar or comparable proper *747 ties in the vicinity.