Cited by
Opinions in Louisiana that cite Angelle v. State, 34 So. 2d 321.
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Holzenthal v. Sewerage & Water Board of New Orleans
950 So. 2d 55
La. Ct. App. 1st Cir. 2007
(1948), a disinfection spraying program allegedly caused a fire that destroyed the plaintiffs property.
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Holzenthal v. SEWERAGE & WATER BD. OF NO
950 So. 2d 55
La. Ct. App. 4th Cir. 2007
(1948), a disinfection spraying program allegedly caused a fire that destroyed the plaintiff's property.
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Dan Rhodes Enterprises, Inc. v. City of Lake Charles
La. Ct. App. 3d Cir. 2003
Moreover, So.2d 321, 323, 29 A.L.R.2d 666 [(1948)], it was held that the constitutional provisions prohibiting the taking or damaging of private property, except for public purposes, refers exclusively to the power of eminent domain, that is, the intentional or purposeful expropriatio
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DAN RHODES ENTER v. City of Lake Charles
857 So. 2d 1256
La. Ct. App. 3d Cir. 2003
Moreover, , 29 [2] A.L.R.2d 666 [(1948)], it was held that the constitutional provisions prohibiting the taking or damaging of private property, except for public purposes, refers exclusively to the power of eminent domain, that is, the intentional or purposeful expropriation or appropriation of private prope
- Vogt v. BD. OF COM'RS ORLEANS LEVEE DIST. 814 So. 2d 648 La. Ct. App. 4th Cir. 2002
- Vogt v. Board of Commissioners 814 So. 2d 648 La. Ct. App. 1st Cir. 2002
- Estate of Patout v. City of New Iberia 738 So. 2d 544 La. 1999
- Estate of Patout v. City of New Iberia 708 So. 2d 526 La. Ct. App. 3d Cir. 1998
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Obermier v. State
606 So. 2d 937
La. Ct. App. 3d Cir. 1992
(1948), the Louisiana Supreme Court was faced with a question similar to the one before us. The plaintiffs sued the state for the value of a crop destroyed by a fire inadvertently started by employees of the Louisiana Department of Agriculture while they were spraying crops for insects.
- Naquin v. DEPT. OF TRANSP. AND DEV. OF STATE 604 So. 2d 62 La. Ct. App. 1st Cir. 1992
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Dickie's Sportsman's Centers, Inc. v. DEPT. OF TRANSP. AND DEV.
477 So. 2d 744
La. Ct. App. 1st Cir. 1985
(1948); writs refused, 247 La.
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Callais Cablevision, Inc. v. Houma Cablevision, Inc.
451 So. 2d 6
La. Ct. App. 1st Cir. 1984
849 , (1972); , (1948); (La.App.
- Oswalt v. Irby Const. Co. 424 So. 2d 348 La. Ct. App. 2d Cir. 1982
- Marathon Pipe Line Co. v. Pitcher 361 So. 2d 314 La. Ct. App. 1st Cir. 1978
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Orleans Parish School Board v. Williams
312 So. 2d 647
La. 1975
436 , 185 S.E.2d 908 (1971); , (1948).
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Mouledous v. State ex rel. Department of Highways
281 So. 2d 289
La. Ct. App. 1st Cir. 1973
3rd Cir. 1967); , (1948); Aleman v. Sewerage & Water Board, 196 La.
- Perkins v. Simon 265 So. 2d 804 La. Ct. App. 3d Cir. 1972
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Compass v. Department of Highways
224 So. 2d 102
La. Ct. App. 1st Cir. 1969
We said in Klein that we could not reconcile our views with those of the Second Circuit in Kendall v. State, Through Department of Highways, La.App., (1964), , , 2 A.L.R.2d 666 (1948), and held that plaintiff’s action could not be brought under LSA-Const.
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Reymond v. State ex rel. Department of Highways
217 So. 2d 488
La. Ct. App. 1st Cir. 1968
The rule of the Kendall case, however, , , 2 A.L.R.2d 666 , which requires “ * * * the intentional or purposeful expropriation or appropriation of private property for a public use or convenience” for the application of Article 1 § 2 of the Constitution of the State of Louisiana, that is the provision relates solely to cases of eminent domain.
- Columbia Gulf Transmission Company v. Hoyt 215 So. 2d 114 La. 1968
- Gray v. State Ex Rel. Department of Highways 202 So. 2d 24 La. 1967
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Distinguished
Florsheim v. Department of Highways
201 So. 2d 155
La. Ct. App. 2d Cir. 1967
Cited in support of this contention are: , , 2 A.L.R.2d 666 (1948); Miller v. Colonial Pipeline Company, 173 *
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State, Department of Highways v. Mouledous
199 So. 2d 185
La. Ct. App. 3d Cir. 1967
2 A.L.R.2d 666 ; Aleman v. Sewerage and Water Board of New Orleans, 196 La.
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Gray v. State, Through Department of Highways
191 So. 2d 802
La. Ct. App. 3d Cir. 1967
2 A.L.R.2d 666 ; Marie v. Police Jury of Terrebonne Parish, La.App.
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Veillon v. Columbia Gulf Transmission Company
192 So. 2d 646
La. Ct. App. 3d Cir. 1966
spite of the careful precautions taken by the State in the Gray case, the majority in that suit held that the State was liable in damages for illegal trespass, while in the instant suit, where no attempt was made to expropriate or to obtain judicial authority to take the land, we apply the established law as set out in Article 1, Section 2, of the Louisiana Constitution, , ; Harrison v. Louisiana Highway Commission, 191 La.
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State ex rel. Department of Highways v. McGill
191 So. 2d 346
La. Ct. App. 1st Cir. 1966
[ 2 A.L.R.2d 666 ], and felt bound by the provisions of that decision rather than by the decision in the Kendall case.
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Petrovich v. State
181 So. 2d 811
La. Ct. App. 1st Cir. 1966
2 A.L.R.2d 666 (1948); Bernard v. State, La.App., (1961); Cousin v. Hornsby, La.App., (1st C. of A. 1956); Louisiana Highway Commission v. Israel, 205 La.
- Miller v. Colonial Pipeline Company 173 So. 2d 840 La. Ct. App. 3d Cir. 1965
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Klein v. Department of Highways
175 So. 2d 454
La. Ct. App. 4th Cir. 1965
[2] , at pp. 323-324 , 2 A.L.R.
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Marie v. Police Jury of Parish of Terrebonne
161 So. 2d 407
La. Ct. App. 1st Cir. 1964
See Article 3, Section 35, Louisiana State Constitution; , , [ 2 A.L.R.
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Poirier v. T. L. James & Co.
163 So. 2d 171
La. Ct. App. 5th Cir. 1964
Jarnagin v. Louisiana Highway Commission, La.App., ; and cases therein cited; Angelle v. State, Dept. of Public Works, , , 2 A.L.R.2d 666 ; Bernard v. State *174 Dept. of Public Works, La.App., ; Williams v. Department of Highways, La.App., .
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Derbofen v. TL James & Company
148 So. 2d 795
La. Ct. App. 4th Cir. 1962
2 A.L.R.2d 666 , and cases cited therein.
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Bernard v. State
127 So. 2d 774
La. Ct. App. 3d Cir. 1961
2 A.L.R.2d 666 ; Scorsune v. State, 224 La.
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Duree v. Maryland Casualty Company
114 So. 2d 594
La. 1959
* * * ” Again, , [ 2 A.L.R.2d 666 ], we observed: “A reading of the petitions in the instant cases makes manifest that the causes of action are founded on the negligence of the Department of Agriculture * * *.
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Cheshire v. City of Minden
83 So. 2d 526
La. Ct. App. 2d Cir. 1955
Moreover, , , 29 A.L.R.2d 666 , it was held that the constitutional provisions prohibiting the taking or damaging of private property, except for public purposes, refers exclusively to the power of eminent domain, that is, the intentional or purposeful expropriation or appropriation of private property for a p
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Marler v. State
78 So. 2d 26
La. Ct. App. 2d Cir. 1955
2 A.L.R.2d 666 , cited by the defendant, does not support the State's contention but rather that of the plaintiff.
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Beck v. Boh Bros. Const. Co.
72 So. 2d 765
La. Ct. App. 1st Cir. 1954
The averment that the constitutional provision which is relied on makes the Sewerage & Water Board liable whenever its operations cause damage is, we think, , , 2 A.L.R.2d 666 .
- Hebert v. TL James & Co. 72 So. 2d 754 La. Ct. App. 1st Cir. 1954
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Long v. Northeast Soil Conservation Dist. of La.
72 So. 2d 543
La. Ct. App. 1st Cir. 1954
742 , , , , 2 A.L.R.2d 666 .
- Scorsune v. State 71 So. 2d 557 La. 1954
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Prunty v. City of Shreveport
66 So. 2d 3
La. 1953
In this connection, , , 2 A.L.R.2d 666 .
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Orleans Parish School Board v. City of New Orleans
56 So. 2d 280
La. Ct. App. 1st Cir. 1952
135 (Court of Appeal-Orleans); , , 2 A.L.R.2d 666 ; Coguenham v. Drainage District, 130 La.
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Roy v. Louisiana State Department of Agriculture & Immigration
44 So. 2d 822
La. 1950
Angelle et al. v. State 1948, , , 2 A.L.R.2d 666 .