Cited by

Opinions in Louisiana that cite State, Dept. of Highways v. Bitterwolf, 415 So. 2d 196.

40 citing documents.

Ngoc Troung v. Marcus Dewayne Sanders and Old American Indemnity Company La. 2025
Thus, our constitution does not simply require that the owner of condemned or damaged property be compensated with the market value of the property taken and severance damage to his remainder, but that he be “compensated to the full extent of his loss” and “placed in as good a position pecuniarily as [he] enjoyed prior to the taking.”
Anne Lowenburg, Judith Lowenburg, Wife of and Tom Lowenburg, Sarah Lowman, Jack Stolier, William B. Taylor, III, M.D. … La. Ct. App. 4th Cir. 2020
hat the owner of condemned or damaged property be compensated with the market value of the property taken and severance damage to his remainder, but that he be “compensated to the full extent of his loss” and “placed in as good a position pecuniarily as [he] enjoyed prior to the taking.”
St. Bernard Port v. Violet Dock Port, Inc. 255 So. 3d 57 La. Ct. App. 1st Cir. 2018
ST. BERNARD PORT, HARBOR & TERMINAL DISTRICT v. VIOLET DOCK PORT, INC., LLC St. Bernard Port, Harbor & … 239 So. 3d 243 La. 2018
Sandrock v. St. Bernard Parish Government 171 So. 3d 1039 La. Ct. App. 1st Cir. 2015
State Dept. of Highways v. Bitterwolf
State of Louisiana, dept.of Trans. & Develop. v. Knoll & Dufour Lands, LLC La. Ct. App. 3d Cir. 2013
State, Department of Transportation & Development v. Knoll & Dufour Lands, LLC 158 So. 3d 1 La. Ct. App. 1st Cir. 2013
Board of Supervisors of Louisiana State University & Agricultural & Mechanical College v. 2330 Palmyra Street, L.L.C. 80 So. 3d 1234 La. Ct. App. 1st Cir. 2011
Const.1974, Art. I, § 4, and stating: “[generally this means, that the owner should be ‘put in as good a position pecuniarily as he would have been had his property not been taken,’ ”
Exxon Pipeline Co. v. Hill 788 So. 2d 1154 La. 2001
this court explained that the legislature and the courts have developed rules which accept the fair market value of the property as a relevant consideration in determining just compensation.
Mossy Motors v. Sewerage and Water Bd. 753 So. 2d 269 La. Ct. App. 4th Cir. 1999
Lambert v. State, Through Dept. of Transp. 683 So. 2d 839 La. Ct. App. 5th Cir. 1996
Coleman v. Chevron Pipe Line Co. 673 So. 2d 291 La. Ct. App. 4th Cir. 1996
(citation and internal quotations omitted).
West Jefferson Levee D. v. Coast Quality 640 So. 2d 1258 La. 1994
In Bitterwolf, supra, this court was faced with interpreting an identical provision found in the "quick taking statute" used for highway expropriation purposes, La.R.S.
Roman Catholic Church v. Louisiana Gas Service Co. 618 So. 2d 874 La. 1993
LeBlanc v. State ex rel. Department of Transportation & Development 615 So. 2d 365 La. Ct. App. 1st Cir. 1993
State Through Department of Highways v. Bitterwolf
State, Department of Transportation & Development v.Griffith 585 So. 2d 629 La. Ct. App. 2d Cir. 1991
State, Department of Transportation and Development v. Stumpf (La.App.
STATE, DOTD v. Brookhollow of Alexandria 578 So. 2d 558 La. Ct. App. 3d Cir. 1991
1990); State, State, State, DOTD v. Chambers Investment Co., Inc., (La.App.
BOARD OF LEVEE COM'RS v. Newport Ltd. 578 So. 2d 191 La. Ct. App. 4th Cir. 1991
STATE, DEPT. OF TRANSP. AND DEVELOPMENT v. Lobel 571 So. 2d 742 La. Ct. App. 2d Cir. 1990
STATE, DEPT. OF TRANSP. v. Estate of Davis 560 So. 2d 566 La. Ct. App. 5th Cir. 1990
STATE, DOTD v. Dietrich 555 So. 2d 1355 La. 1990
Delaune v. City of Kenner 550 So. 2d 1386 La. Ct. App. 5th Cir. 1989
STATE, DOTD v. Fakouri 541 So. 2d 291 La. Ct. App. 3d Cir. 1989
See, e.g. State, State of Louisiana v. Hayward, 243 La.
State, Dept. of Transp. & Dev. v. Traina 537 So. 2d 792 La. Ct. App. 2d Cir. 1989
State v. Keller 520 So. 2d 1242 La. Ct. App. 5th Cir. 1988
State, (Citations omitted).
State Dept. of Transp. & Dev. v. Stumpf 519 So. 2d 279 La. Ct. App. 5th Cir. 1988
State, Dept. of Trans. & Dev. v. Sonnier 503 So. 2d 1144 La. Ct. App. 3d Cir. 1987
State, State, , 702 (La.1979); State, Department of Transportation & , 104 (La.App.3d Cir.1985); State, Department of Transportation and Development v. Boyce Gin Cooperative, Inc., (La.App.3d Cir.
East Baton Rouge Parish v. Hays 498 So. 2d 43 La. Ct. App. 1st Cir. 1986
Const.1974, *47 Art. 1, § 4; State, (La.
STATE, DEPT. OF TRANSP. AND DEV. v. Hecker 493 So. 2d 125 La. Ct. App. 5th Cir. 1986
In a subsequent case, State Dept. of Highways v. Bitterwolf , (La.
State, Department of Transportation & Development v. Stall 483 So. 2d 1010 La. 1986
City of New Orleans v. McKendrick 485 So. 2d 653 La. Ct. App. 4th Cir. 1986
State, Department of Highways v. Bitterwolf
State, Dept. of Transp. & Dev. v. Stephenson 480 So. 2d 909 La. Ct. App. 2d Cir. 1985
STATE, DEPT. OF TRANSP. & DEVEL. v. Chaisson 477 So. 2d 115 La. Ct. App. 1st Cir. 1985
Const. 1974, Art. 1, § 4; State, (La.
STATE, THROUGH DEPT. OF TRANSP. & DEV. v. Townsend 473 So. 2d 99 La. Ct. App. 3d Cir. 1985
State ex rel. Department of Transportation & Development v. Townsend 473 So. 2d 99 La. Ct. App. 1st Cir. 1985
State Dept. of Highways v. Bitterwolf Southwest La.
State, Dept. of Transp. & Develop. v. Taylor 461 So. 2d 1282 La. Ct. App. 3d Cir. 1985
has made it clear that it is only "the landowner's loss" which determines the extent of his compensation.
Missouri Pacific RR Co. v. Nicholson 460 So. 2d 615 La. Ct. App. 1st Cir. 1984
Southwest Louisiana Electric Membership Corp. v. Hargrave 432 So. 2d 1147 La. Ct. App. 1st Cir. 1983
State, Note, Expropriation: Compensating the Landowner to the Full Extent of His Loss, 40 La.L.Rev.
State D. of Trans. & Dev. v. Estate of Clark 432 So. 2d 405 La. Ct. App. 1st Cir. 1983
Const. 1974, Art. 1, § 4; State
STATE, DEPT. OF TRANSP. & DEVELOPMENT v. Tynes 433 So. 2d 809 La. Ct. App. 1st Cir. 1983
as follows: Property cannot be "taken or damaged" by the state or its political subdivisions except for public purposes and with "just compensation" paid to the owner or into court for his benefit.