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Opinions in Louisiana that cite State Ex Rel. Department of Highways v. Levy, 136 So. 2d 35.

64 citing documents.

Lambert v. State, Through Dept. of Transp. 683 So. 2d 839 La. Ct. App. 5th Cir. 1996
App. 1st Cir.1983) , (1961).
West Jefferson Levee D. v. Coast Quality 640 So. 2d 1258 La. 1994
116 , (1972); Rapier, supra, 164 So.2d at 282 ("[T]he landowner bears the burden of proving his claim for additional compensation to a legal certainty and by a preponderance of the evidence."); , (1961); State, Dept. of Transp.
Saucier v. State, Department of Transportation & Development 635 So. 2d 295 La. Ct. App. 1st Cir. 1994
Rivet v. STATE, DOTD 635 So. 2d 295 La. Ct. App. 5th Cir. 1994
State, Department of Transportation & Development v. Manuel 640 So. 2d 299 La. Ct. App. 1st Cir. 1994
State of Louisiana, , (1961); State of Louisiana, (La.App.
LeBlanc v. State ex rel. Department of Transportation & Development 615 So. 2d 365 La. Ct. App. 1st Cir. 1993
STATE, DOTD v. Pace 588 So. 2d 145 La. Ct. App. 4th Cir. 1991
Soma Enterprises, Inc. v. State, Department of Transportation & Development 584 So. 2d 1243 La. Ct. App. 2d Cir. 1991
v. Levy, , (1961); State, Through Dept. of Hwys.
State, Dept. of Transp. v. Maynard 565 So. 2d 532 La. Ct. App. 4th Cir. 1990
STATE, DEPT. OF TRANSP. & DEV. v. Mayet 521 So. 2d 671 La. Ct. App. 1st Cir. 1988
48:453; State, , (1961); (La.App.
East Baton Rouge Parish v. Hays 498 So. 2d 43 La. Ct. App. 1st Cir. 1986
STATE, DEPT. OF TRANS. & DEVELOPMENT v. Jacob 491 So. 2d 138 La. Ct. App. 3d Cir. 1986
State of Louisiana, through the Department of Highways v. *141 Levy, , (1961); State of Louisiana, (La.App.
State D. of Trans. & Dev. v. Estate of Clark 432 So. 2d 405 La. Ct. App. 1st Cir. 1983
STATE, DEPT. OF TRANSP. & DEVELOPMENT v. Tynes 433 So. 2d 809 La. Ct. App. 1st Cir. 1983
Transcontinental Gas Pipe Line Corp. v. Terrell 416 So. 2d 571 La. Ct. App. 1st Cir. 1982
State ex rel. Department of Highways v. Bitterwolf 401 So. 2d 380 La. Ct. App. 1st Cir. 1981
STATE THROUGH DEPT. OF HIGHWAYS v. Wilson 372 So. 2d 632 La. Ct. App. 1st Cir. 1979
State, Through Dept. of Highways v. Champagne 371 So. 2d 626 La. Ct. App. 1st Cir. 1979
In State, , (1961), the court stated: "A fundamental principle of the law of evidence is that expert testimony given in response to hypothetical questions predicated on a statement of unproven facts, has no probative value and should not affect the outcome of a case."
State ex rel. Department of Highways v. Dyess 350 So. 2d 1304 La. Ct. App. 1st Cir. 1977
City of New Orleans v. Giraud 346 So. 2d 1113 La. Ct. App. 4th Cir. 1977
165 , (1956); State, , (1962).
State, Department of Highways v. Advance Enterprises, Inc. 332 So. 2d 899 La. Ct. App. 1st Cir. 1976
State, , (1961); Texas Pipe Line Co. v. Barbe, 229 La.
State, Dept. of Hwys. v. Ross Continental Mot. L., Inc. 328 So. 2d 883 La. 1976
State, , (1962); Texas Pipeline Co. v. Barbe, 229 La.
State, Department of Highways v. Dugas & LeBlanc, Ltd. 327 So. 2d 594 La. Ct. App. 1st Cir. 1976
48:453; *600 State, , (1961); State, (La.App.
State ex rel. Department of Highways v. Hunter 309 So. 2d 786 La. Ct. App. 1st Cir. 1975
See also to the same effect, State, , ; State, .
State, Dept. of Hwys. v. Denham Springs Dev. Co., Inc. 307 So. 2d 304 La. 1975
State, , (1961); Texas Pipe Line Co. v. Barbe, 229 La.
State, Dept. of Highways v. Beaird-Poulan, Inc. 292 So. 2d 842 La. Ct. App. 2d Cir. 1974
State ex rel. Department of Highways v. Snider 276 So. 2d 401 La. Ct. App. 1st Cir. 1973
State ex rel. Department of Highways v. Crow 273 So. 2d 721 La. Ct. App. 1st Cir. 1973
State ex rel. Department of Highways v. Norris 268 So. 2d 300 La. Ct. App. 1st Cir. 1972
ys urges the evidence presented by defendants seeking to sustain their burden of proving severance damages should not have been considered by the court as having more weight than the State’s appraisers testimony since the opinion of Porter and Faulk were not based on a before and after taking estimate of value as required by the jurisprudence, citing State, , (1961); State Through Department of Highways v. Mason, 254 La.
United Gas Pipe Line v. Schwegmann 267 So. 2d 247 La. Ct. App. 1st Cir. 1972
State, , (1962); State, ” We have made what we consider an exhaustive research of the jurisprudence to satisfy ourselves that in no case has an award of severance damages been made in the absence of proof that such damages existed.
State ex rel. Department of Highways v. LeBlanc 254 So. 2d 95 La. Ct. App. 1st Cir. 1971
Lacking this information, this Court is obliged to adhere to the opinions of the State’s appraisers and place a salvage value on the building in the amount of $1,000.” Applicable here is the rule that in expropriation matters the defendant has the burden of proving his loss with reasonable certainty, , (1962); State, (La.App.
State ex rel. Department of Highways v. Allen 243 So. 2d 337 La. Ct. App. 1st Cir. 1971
State of Louisiana Through Department of Highways v. James, La.App., , , ; Gravity Drainage District No. 1 of Rapides Parish v. Key, 234 La.
State ex rel. Department of Highways v. Rivers 242 So. 2d 916 La. Ct. App. 1st Cir. 1970
State of Louisiana, , (1962).
State ex rel. Department of Highways v. Cefalu 233 So. 2d 273 La. Ct. App. 1st Cir. 1970
13 , (1955) and State, , .
State ex rel. Department of Highways v. Chesson 229 So. 2d 763 La. Ct. App. 1st Cir. 1969
Further, the frustration of an owner’s personal business plans are not compensable, State, , 136 So.
State v. D & J Realty Co. 229 So. 2d 344 La. 1969
State ex rel. Department of Highways v. James 226 So. 2d 535 La. Ct. App. 1st Cir. 1969
State, , ; Gravity Drainage District No. 1 of Rapides Parish v. Key, 234 La.
State ex rel. Department of Highways v. Thornton 220 So. 2d 217 La. Ct. App. 1st Cir. 1969
13 , (1955); State, , (1961); State, State
State Ex Rel. Department of Highways v. Holmes 221 So. 2d 811 La. 1969
In Re Morgan R. R. & S. S. Co., 32 La.Ann.
Reymond v. State ex rel. Department of Highways 217 So. 2d 488 La. Ct. App. 1st Cir. 1968
[2d] 398; State of Louisiana through the Department of Highways v. Ben Levy, Jr. [ ], ; State of Louisiana through the Department of Highways v. Terry [La.App.], .
Columbia Gulf Transmission Company v. Hoyt 215 So. 2d 114 La. 1968
State, , ; State, Through Department of Highways v. Schnitt, 238 La.
State ex rel. Department of Highways v. Holmes 209 So. 2d 780 La. Ct. App. 1st Cir. 1968
After reviewing the Morgan and Ferris cases, as well as State, , (1961), the court made this appropriate observation: “Hence, in the expropriation of property encumbered with a lease, the rights of both the owner and the lessee must be reckoned with in acquiring perfect ownership.
State ex rel. Department of Highways v. Trosclair 207 So. 2d 597 La. Ct. App. 1st Cir. 1967
State, , , and cases therein cited.
Central Louisiana Electric Company v. Gamburg 200 So. 2d 733 La. Ct. App. 3d Cir. 1967
13 , (1955); State, Through Department *740 , (1961).
State, Department of Highways v. Mouledous 199 So. 2d 185 La. Ct. App. 3d Cir. 1967
Heirs of Merilh v. Pan American Films 200 So. 2d 398 La. Ct. App. 4th Cir. 1967
They liken the voluntary sale by plaintiffs to the City to a condemnation proceeding, and show that in condemnation proceedings if the market value of the unexpired term of a lease is greater than the amount of rental due for the unexpired term the lessee is entitled to be paid the excess as "lease advantage," ( , ; State v. Ferris, 227 La.
Tennessee Gas Transmission Co. v. Violet Trapping Co. 200 So. 2d 428 La. Ct. App. 4th Cir. 1967
48:453; State, , (1961); Gulf States Util.
Trunkline Gas Company v. Verzwyvelt 196 So. 2d 58 La. Ct. App. 3d Cir. 1967
Texas Gas Transmission Corporation v. Young 198 So. 2d 453 La. Ct. App. 3d Cir. 1967
State, , (1962); State, (La.App.
State ex rel. Department of Highways v. Jacques 197 So. 2d 414 La. Ct. App. 1st Cir. 1967
However, if the expert testimony impresses the court unfavorably, it will be disregarded.” State of Louisiana, , 40 .

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