No. 18,033 Precedential Affirmed. Processed

State v. Tensas Delta Land Co.

Louisiana Supreme Court · Filed March 28, 1910 · 52 So. 216

Cited by

Distinguished in 1

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State v. Abbott Laboratories, Inc. 208 So. 3d 384 La. Ct. App. 1st Cir. 2016
STATE ETC. v. City of Pineville 403 So. 2d 49 La. 1981
State Ex Rel. Guste v. Simoni, Heck & Associates 331 So. 2d 478 La. 1976
State Ex Rel. Guste v. Board of Highways 275 So. 2d 207 La. Ct. App. 1st Cir. 1973
Jones v. Employers Liability Assurance Corp. 182 So. 2d 534 La. Ct. App. 1st Cir. 1966
Tucker v. Edwards 38 So. 2d 241 La. 1948
State v. Texas Co. 17 So. 2d 569 La. 1944
State v. Texas Co. 17 So. 2d 569 La. 1944
State Ex Rel. Jones v. Doucet 14 So. 2d 622 La. 1943
Murff v. Louisiana Highway Commission 140 So. 863 La. Ct. App. 1st Cir. 1932
Saint v. Allen 134 So. 246 La. 1931

Opinion text

On Application for Rehearing. LAND, J. The able brief filed by the Attorney General in support of plaintiff’s application for a rehearing has had our attentive consideration, but on a reconsideration of this cause we see no good reasons to change our conclusions. The Legislature vested the absolute title to the lands in controversy in the Board of Commissioners of the Tensas Levee District, with full power to sell the same on such terms as the board might deem proper. The Legislature also vested in said board full power to sue and be sued, and to stand in judgment, in all matters relating to their gestión and trust. The board of commissioners could have brought the present suit to annul the alleged fraudulent sale and recover the lands. The Governor of the state, with his power of appointing and removing members of levee boards, can compel them to bring such suits as he may deem proper in the interests of levee districts. The General Assembly has the power at any time to authorize the Attorney General to institute actions for the use and benefit of the taxpayers and people of'any particular levee district. But as the General Assembly has vested the power to sue and bo sued in the Board of Commissioners of the Tensas Levee District, and has vested no such co-ordinate power in the Governor or Attorney General, we are of the opinion that the institution of this suit in the name of the state is unauthorized. It is therefore ordered that the application for a rehearing be refused. BREAUX, C. J., dissents.