Cited by

Opinions in Louisiana that cite State Ex Rel. Department of Highways v. MacAluso, 106 So. 2d 455.

32 citing documents.

In Interest of CLS 649 So. 2d 532 La. Ct. App. 3d Cir. 1994
518 , (1967); , (1958); State v. Rapides Parish Sch.
State Bond Com'n v. ALL TAXPAYERS 510 So. 2d 662 La. 1987
631 , (1965); , (1958); State ex rel, Labauve v. Michel, 121 La.
Board of Com'rs of Orleans Levee Dist. v. DEPT. OF NATURAL RESOURCES 483 So. 2d 958 La. 1986
Marathon Pipe Line Co. v. Pitcher 368 So. 2d 994 La. 1979
534 , (1964); , (1958); Charles Tolmas, Inc. v. Police Jury, 231 La.
State, Through Dept. of Highways v. Olinkraft, Inc. 350 So. 2d 865 La. 1977
In State, , (1958), this Court held our former "quick-taking" statute constitutional.
State, Dept. of Highways v. Jeanerette Lumber & Shingle Co. 350 So. 2d 847 La. 1977
State, Through the Department of Highways v. Guidry, supra; State, , (1958); M. Dakin and M. Klein, Eminent Domain in Louisiana, 27-29, Chap.
State ex rel. Department of Highways v. Jeanerette Lumber & Shingle Co. 335 So. 2d 549 La. Ct. App. 1st Cir. 1976
(1958); State v. Guidry, 240 La.
State, Department of Highways v. Olinkraft, Inc. 333 So. 2d 721 La. Ct. App. 1st Cir. 1976
The question relating to the violation of the 5th and 14th amendments of the U.S. Constitution by the ex parte proceedings of the “quick taking” statute has been resolved by the decision of the Supreme Court in State of Louisiana, , (1958).
Edwards v. Parker 332 So. 2d 175 La. 1976
631 , (1965); , (1958); State ex rel.
Hainkel v. Henry 313 So. 2d 577 La. 1975
631 , (1965); , (1958); State ex rel.
Orleans Parish School Board v. Williams 312 So. 2d 647 La. 1975
874 , (1963); State of Louisiana, , (1958); Ricks v. Department of State Civil Service, 200 La.
In Re Gulf Oxygen Welder's Sup. Prof. Shar. P. & TA 297 So. 2d 663 La. 1974
631 , (1965); , 106' So.2d 455 (1958); State ex rel.
Police Jury of the Parish of Washington v. All Taxpayers, Property Owners & Citizens of Industrial District No. … 278 So. 2d 474 La. 1973
579 , (1969); State, , (1958); State ex rel.
Police Jury v. ALL TAXPAYERS, ETC. 278 So. 2d 474 La. 1973
579 , (1969); State, , (1958); State ex rel.
Board of Comm'rs. of Port of New Orleans v. Splendour S. & E. Co. 273 So. 2d 19 La. 1973
337 , (1963); , (1958); In re Diaz, 211 La.
State ex rel. Department of Highways v. Illinois Central Railroad 256 So. 2d 819 La. Ct. App. 1st Cir. 1972
Abbott v. Parker 249 So. 2d 908 La. 1971
518 , (1967) ; , (1958) ; see 82 C. J.S.
State ex rel. Department of Highways v. Poole 243 So. 2d 539 La. Ct. App. 1st Cir. 1970
Article 6, Section 19.1, and the decision in State Through Department of Highways, v. Macaluso, , .
State v. Black 207 So. 2d 583 La. Ct. App. 3d Cir. 1968
1018 , (1958); State Through Sabine River Authority v. Phares, 245 La.
State Ex Rel. Department of Highways v. Holmes 205 So. 2d 416 La. 1967
It suffices to say that the contention is fully answered by the decision of this Court in State, , , holding that the constitutional guarantees contained in § 2 of Article I, requiring payment of adequate compensation before a taking for a public purpose, must yield to the subsequently adopted provisions of § 19.1 of Article VI of the Constitution pertaining to expropriation of property for highway
State v. Webb 209 So. 2d 598 La. Ct. App. 1st Cir. 1967
516 , ; State, Through the Department of Highways v. Macaluso, et al., , .” State, Through Department of Highways v. Macaluso, 235 La.
State v. Mejia 197 So. 2d 73 La. 1967
(1958); Berteau v. Police Jury of Ascension Parish, 214 La.
State v. Baddock 170 So. 2d 5 La. Ct. App. 1st Cir. 1965
State of Louisiana Through the Department of Highways v. Macaluso, et al, , .
State ex rel. Department of Highways v. Bordages 156 So. 2d 617 La. Ct. App. 1st Cir. 1963
State ex rel. Department of Highways v. Cefalu 153 So. 2d 605 La. Ct. App. 1st Cir. 1963
Although we feel that the rule suggested is harsh, we believe the views expressed '.herein are directly in line and consistent ■ , , in which it had before it an appeal from the judgment of the District Court holding the statute unconstitutional on the ground that it violated due process of the Constitution which was reversed and the act held constitutional in all respects.
State v. Jackson Brewing Company 146 So. 2d 504 La. Ct. App. 4th Cir. 1962
Baddock v. Louisiana State Department of Highways 142 So. 2d 448 La. Ct. App. 1st Cir. 1962
That the defendant Department of Highways has utilized the destructive interpretation in State [Through Dept. of Highways] v. Macaluso [ , ] extensively in divesting owners of their property rights, under Act 107 of 1954 (LRS 48:441), and that if this decision or the Act as interpreted therein, be allowed to stand, not only will petitioners suffer irreparable injury, but Constitutional Process, and more particularly the Constitutional-emp
State Ex Rel. Department of Highways v. Bradford 141 So. 2d 378 La. 1962
This argument has been heretofore fully considered and disposed of adversely to Mrs. Bradford’s position in State, , and State, Through Department of Highways v. Guidry, 240 La.
Fullilove v. US Casualty Company of New York 129 So. 2d 816 La. Ct. App. 2d Cir. 1961
*827 , , as here, the contention was urged that the amendment violated existing provisions of the original Constitution, and it was argued that, under proper rules of construction, it was the duty of the court to harmonize, if possible, inconsistent constitutional provisions, and, further, that repeal of
State ex rel. Department of Highway v. Guidry 124 So. 2d 531 La. 1960
The Court of Appeal found it unnecessary to consider the plea of unconstitutionality of the statute as, pending appeal to that Court, this Court held the statute constitutional in State Through Dept, , .
State ex rel. Department of Highways v. Sumrall 121 So. 2d 724 La. 1960
State Through Department of Highways, v. Macaluso, 1958, , .
State ex rel. Department of Highways v. Guidry 109 So. 2d 231 La. Ct. App. 1st Cir. 1959
48:441 to 460, inclusive, , , and the constitutionality of the Act was upheld.