Cited by
Opinions in Louisiana that cite State Ex Rel. Department of Highways v. Hayward, 150 So. 2d 6.
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Exxon Pipeline Co. v. Hill
788 So. 2d 1154
La. 2001
1063 (1913) (that the property may have to the public a greater value than its *1162 fair market value affords no just criterion for estimating what the owner should receive); , Yazoo & M.V.R.
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Coleman v. Chevron Pipe Line Co.
673 So. 2d 291
La. Ct. App. 4th Cir. 1996
1063 (1913) (that the property may have to the public a greater value than its fair market value affords no just criterion for estimating what the owner should receive); , Yazoo & M.V.R.
- Grady Roper Drilling v. TRANSCONTINENTAL GAS PIPELINE 586 So. 2d 707 La. Ct. App. 3d Cir. 1991
- State, Department of Transportation & Development v. Regard 567 So. 2d 1174 La. Ct. App. 1st Cir. 1990
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STATE, DOTD v. Fakouri
541 So. 2d 291
La. Ct. App. 3d Cir. 1989
See, e.g. State, , (1963); and State, Dept. of Trans.
- State, Dept. of Transp. & Develop. v. Taylor 461 So. 2d 1282 La. Ct. App. 3d Cir. 1985
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STATE, DEPT. OF TRANSP. & DEVELOPMENT v. Tynes
433 So. 2d 809
La. Ct. App. 1st Cir. 1983
[2] Because we have determined that the trial judge was correct in rejecting the comparable sales to determine the proper value of the mining land taken, the cases of State, , (1963) and State, (La.App.
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Town of Rayville v. Thomason
404 So. 2d 1290
La. Ct. App. 2d Cir. 1981
State, , (1963); Parish of Iberia v. Cook, 238 La.
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State ex rel. Department of Highways v. Shuff
332 So. 2d 529
La. Ct. App. 1st Cir. 1976
State, State, State, Department of Highways v.Hayward, , (1963).
- State, Department of Highways v. Tyler 326 So. 2d 349 La. 1976
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State, Dept. of Highways v. Port Properties, Inc.
316 So. 2d 749
La. Ct. App. 1st Cir. 1975
In State, Department of Highways v. Trippeer Realty Corp., La., (1973), a case initiated under the "quick taking" statute, our Supreme Court made the following observations at page 319: "As was stated in State, , (1963) the value of the property should be fixed considering the property as of the time it is taken, but not as enhanced by the purpose for which it is taken."
- State ex rel. Department of Highways v. Jacobsen 306 So. 2d 886 La. Ct. App. 1st Cir. 1974
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State, Department of Highways v. Strickland
290 So. 2d 714
La. Ct. App. 1st Cir. 1974
This actual use approach which can best be described as "value to the owner," , (1963), in favor of the time-honored fair market value approach.
- Mid-Louisiana Gas Company v. Sanchez 280 So. 2d 406 La. Ct. App. 4th Cir. 1973
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State, Dept. of Highways v. Trippeer Realty Corp.
276 So. 2d 315
La. 1973
(1963) the value of the property should be fixed considering the property as of the time it is taken, but not as enhanced by the purpose for which it is taken.
- Lafayette Airport Commission v. Roy 265 So. 2d 459 La. Ct. App. 3d Cir. 1972
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State, Department of Highways v. Mayer
257 So. 2d 723
La. Ct. App. 1st Cir. 1972
1063 , ; State Department of Highways v. Landry et al., La.App., .
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State ex rel. Department of Highways v. Trippeer Realty Corp.
256 So. 2d 683
La. Ct. App. 1st Cir. 1971
State Through Dept, , (1963).
- State, Department of Highways v. Hart 249 So. 2d 310 La. Ct. App. 1st Cir. 1971
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Cypress-Black Bayou Recreation & Water Conservation District v. Conger
234 So. 2d 212
La. Ct. App. 3d Cir. 1970
19:9; State Through Dept, , (1963); Parish of Iberia v. Cook, 238 La.
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Humble Pipe Line Co. v. Wm. T. Burton Industries, Inc.
217 So. 2d 188
La. 1968
State *183 , , and authorities there cited.
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Humble Pipe Line Co. v. Wm. T. Burton Industries, Inc.
205 So. 2d 724
La. Ct. App. 1st Cir. 1967
The court stated: “[4] We recently considered a similar issue in State of Louisiana, , , and therein we approved the following language contained in 18 American Jurisprudence, page 878, verbo Eminent Domain, Section 242: ‘When the land taken has valuable deposits of minerals, or contains sand, gravel, peat, or other materials of value, or is covered with growing crops, or trees capable of
- Gray v. State, Through Department of Highways 191 So. 2d 802 La. Ct. App. 3d Cir. 1967
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State ex rel. Department of Highways v. New Orleans & Northeastern Railroad
194 So. 2d 429
La. Ct. App. 1st Cir. 1966
From our appreciation of the facts of this case and our understanding of the law applicable thereto, it is quite clear to us that the compensation due defendant is governed and controlled by the holding of the Supreme Court in the case of State, Through Department of Highways v. Hayward (1963) , , wherein the facts are in close enough analogy to make the following pronouncement applicable.
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State ex rel. Department of Highways v. Thompson
188 So. 2d 753
La. Ct. App. 1st Cir. 1966
3rd Cir., 1964), , and State, , .
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Gulf States Utilities Company v. Norman
183 So. 2d 421
La. Ct. App. 3d Cir. 1966
In determining just and adequate compensation for expropriation suits, it is usually said that the award should be based upon the market value of the property taken: the price which would be agreed upon between a willing buyer and a willing seller, , and cases therein cited; that is, the worth of the property in the light of the highest and best use to which the property is adaptable and to which it may reasonably be put in the not too distant future, State Through Dept. of Highways v. Rapier, 2
- State, Department of Highways v. LeDoux 184 So. 2d 604 La. Ct. App. 3d Cir. 1966
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Gulf States Utilities Company v. Cormier
182 So. 2d 176
La. Ct. App. 3d Cir. 1966
State, , ; State, Through Dept. of Highways v. Havard, 239 La.
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State, Department of Highways v. Lancon
174 So. 2d 257
La. Ct. App. 3d Cir. 1965
State through Department of Highways v. Davis, La.App.
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State, Department of Highways v. Landry
171 So. 2d 779
La. Ct. App. 3d Cir. 1965
and decisions cited therein.
- State, Department of Highways v. Waterbury 171 So. 2d 790 La. Ct. App. 3d Cir. 1965
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Gulf States Utilities Co. v. Wyatt
164 So. 2d 615
La. Ct. App. 1st Cir. 1964
and cases therein cited.
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State ex rel. Department of Highways v. Acme Brick Co.
162 So. 2d 37
La. Ct. App. 1st Cir. 1964
* * * ” State of Louisiana, , .
- Overruled State ex rel. Department of Highways v. Gifford-Hill & Co. 158 So. 2d 448 La. Ct. App. 1st Cir. 1963
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State ex rel. Department of Highways v. D. H. Sanders Realty Co.
155 So. 2d 24
La. 1963
We recently considered a similar issue in State of Louisiana, , , and therein we approved the following language contained in 18 American Jurisprudence, page 878, verbo Eminent Domain, Section 242: “When the-land taken has valuable deposits of minerals,, or contains sand, gravel, peat, or other materials of value, or is covered with growing-crops, or trees capable of