Cited by

Opinions in Louisiana that cite State, Department of Highways v. Mason, 229 So. 2d 89.

38 citing documents.

East Baton Rouge Parish v. Hays 498 So. 2d 43 La. Ct. App. 1st Cir. 1986
State, Through Dep't of Highways v. *45 Mason, So.2d 89 (1969); State
Central Louisiana Elec. Co. v. Huckabay 446 So. 2d 1327 La. Ct. App. 2d Cir. 1984
Plaintiff contends the applicable rule in the present case is that stated in State, , (1969), in which our Supreme Court said: * * * If such an approach [cost to cure] has relevance to the measure of damages, it should only be employed to demonstrate a diminution in market value resulting from the partial taking, for we find no sound basis in this Court's jurisprudence for the applicatio
State, Through Dept. of Highways v. Champagne 371 So. 2d 626 La. Ct. App. 1st Cir. 1979
Marathon Pipe Line Co. v. Pitcher 368 So. 2d 994 La. 1979
affirmed , (1969); Woodworth v. Commonwealth, 353 Mass. 229 , 230 N.E.2d 814 (1967); Michigan Consolidated Gas Co. v. Muzeck, 8 Mich.App.
City of New Orleans v. Giraud 346 So. 2d 1113 La. Ct. App. 4th Cir. 1977
In State, , (1969), cited in the City's brief, the court, stated: "* * * The `cost to cure' concept has been brought into our appellate court jurisprudence apparently by various expert appraisal witnesses, and some appellate courts have adopted it without referring to it as a `cost to cure' theory.
STATE DEPT. OF HIGHWAYS v. Romano 343 So. 2d 222 La. Ct. App. 1st Cir. 1977
State, Dept. of Hwys. v. Ross Continental Mot. L., Inc. 328 So. 2d 883 La. 1976
State, Dept. of Highways v. Oil Mark Corp. 324 So. 2d 606 La. Ct. App. 2d Cir. 1976
The applicability of the "cost to cure" approach rule in determining severance damages is concisely stated by the Supreme Court in State, as follows: "If such an approach has relevance to the measure of damages, it should only be employed to demonstrate a diminution in market value resulting from the partial taking, for we find no sound basis in this Court's jurisprudence for the application of this method of assessing severance damages, save
State, Department of Highways v. Tyler 326 So. 2d 349 La. 1976
State, Department of Highways v. Dugas & LeBlanc, Ltd. 327 So. 2d 594 La. Ct. App. 1st Cir. 1976
635 , (1969), affirmed , (1969).
STATE, DEPT. OF HWYS. v. Society for Propagation of Faith 321 So. 2d 388 La. Ct. App. 1st Cir. 1975
The case of State, , (1969), stands for the proposition that the `cost to cure' concept should be used in assessing severance damages only in most exceptional situations .
State, Dept. of Hwys. v. Ross Continental Motor Lodge, Inc. 315 So. 2d 151 La. Ct. App. 3d Cir. 1975
The Department of Highways contends that this matter is similar to State, , (1969), and that Holmes' estimate of loss of market value is highly speculative.
State ex rel. Department of Highways v. A-1 Equipment Rentals, Inc. 310 So. 2d 673 La. Ct. App. 1st Cir. 1975
State of Louisiana, , (1969).
State, Dept. of Highways v. Nisbet Properties, Inc. 309 So. 2d 398 La. Ct. App. 2d Cir. 1975
The State argues that the award in this case is based on a "cost to cure" approach which has been disapproved by the Louisiana Supreme Court in State, , (1969) and Reymond v. State, Department of Highways, 255 La.
State, Dept. of Hwys. v. Denham Springs Dev. Co., Inc. 307 So. 2d 304 La. 1975
State, , (1969); State, (La.
State ex rel. Department of Highways v. Jacobsen 306 So. 2d 886 La. Ct. App. 1st Cir. 1974
State, , (1969); State, Dept. of Highways v. DeRouen, 256 La.
State ex rel. Department of Highways v. Wood Preserving Service, Inc. 302 So. 2d 655 La. Ct. App. 1st Cir. 1974
It is well settled in our jurisprudence that the measure of severance damages is the difference between the value of the remaining property before and after the taking, , (1969); State v. M. G. Realty Company, Inc., (La.App.
State, Department of Highways v. Wax 295 So. 2d 833 La. Ct. App. 1st Cir. 1974
The case of State, , (1969), stands for the proposition that the `cost to cure' concept should be used in assessing severance damages only in most exceptional situations ..."
State ex rel. Department of Highways v. Denham Springs Development Co. 294 So. 2d 281 La. Ct. App. 1st Cir. 1974
Louisiana Power & Light Company v. CHURCHILL FARMS, INC. 292 So. 2d 183 La. 1974
See: State, , (1969); Gravity Drainage District No. 1 v. Key, 234 La.
State, Department of Highways v. Daigle 278 So. 2d 525 La. Ct. App. 3d Cir. 1973
3 Cir. 1964); State, , (1969); (La.App.
State ex rel. Department of Highways v. La Haye Bros., Inc. 277 So. 2d 198 La. Ct. App. 1st Cir. 1973
Mouledous v. State ex rel. Department of Highways 281 So. 2d 289 La. Ct. App. 1st Cir. 1973
In the recent case of State, , (1969) our Supreme Court rejected the “cost to cure” method of determining severance damages.
State, Dept. of Highways v. MG Realty Co., Inc. 276 So. 2d 918 La. Ct. App. 3d Cir. 1973
In the more recent case of State, , (1969), the State expropriated a 10-foot strip from the front of defendant's property, which he was using as a service station, restaurant and motel.
State ex rel. Department of Highways v. Smith 270 So. 2d 178 La. Ct. App. 1st Cir. 1972
nt alleges the trial court erred in: (1) Applying the front land-rear land method of valuation rather than the Department’s suggested contributory value basis, and in this manner, fixing compensation at an unconscionable amount; (2) Awarding the indicated amount for the “cost to cure”, which method of compensation has been repudiated by the Supreme Court in State, , , except *181 in unusual cases; (3) Not giving the Department credit for the sum of $6,633.00 deposited in the registry of the Cour
State ex rel. Department of Highways v. Norris 268 So. 2d 300 La. Ct. App. 1st Cir. 1972
259 , (1961); , (1969); and State, Through Department of Highways v. Central Realty Investment Company, 238 La.
State ex rel. Department of Highways v. Neyrey 260 So. 2d 739 La. Ct. App. 1st Cir. 1972
The case of State, , (1969), stands for the proposition that the “cost to cure” concept should be used in assessing severance damages only in most exceptional situations.
State ex rel. Department of Highways v. Garrick 256 So. 2d 111 La. 1971
which, it argues, is similar to the case before us. On the question of severance damages, this court agreed with the Court of Appeal’that the proof did not support the claim that the taking resulted in a loss of rental income.
State, Dept. of Highways v. Reddell Creosote Co. 252 So. 2d 721 La. Ct. App. 1st Cir. 1971
State, Department of Highways v. Hart 249 So. 2d 310 La. Ct. App. 1st Cir. 1971
State ex rel. Department of Highways v. Schexnaidre 247 So. 2d 670 La. Ct. App. 1st Cir. 1971
Defendants vigorously contend that the approach of the evaluations and loss as made by their witnesses upon an income basis and before and after market value is a proper approach rather than that based on a cost-to-cure method used by Carter and held inappropriate in State, , (1969).
State v. Salassi 244 So. 2d 871 La. Ct. App. 1st Cir. 1971
As stated by the Supreme Court in State, , (1969): "At the outset it is apt to observe that there are no decisions of this Court which have approved the so-called `cost to cure' concept as such in determining severance damages in Louisiana.
State ex rel. Department of Highways v. Allen 243 So. 2d 337 La. Ct. App. 1st Cir. 1971
The trial court cited State Through Department of Highways v. Mason, La., .
State ex rel. Department of Highways v. Rivers 242 So. 2d 916 La. Ct. App. 1st Cir. 1970
Moncla v. City of Lafayette 241 So. 2d 532 La. 1970
13:4450 and compare and see discussion in State, , (1969).
State ex rel. Department of Highways v. McPherson 241 So. 2d 543 La. Ct. App. 1st Cir. 1970
State of Louisiana, , (1969).
State ex rel. Department of Highways v. Garrick 242 So. 2d 278 La. Ct. App. 1st Cir. 1970
*280 Under the authority of State, , (1969), loss of rent may be a factor in determining whether the market value of the property remaining has been diminished as a result of the partial taking.
Reymond v. State Ex Rel. Department of Highways 231 So. 2d 375 La. 1970
State through Department of Highways v. Mason, decided November 10, 1969, , .