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STATE v. RACHL

No. 390.

136 So.2d 105 (1961)

STATE of Louisiana, through DEPARTMENT OF HIGHWAYS v. Joseph RACHL et al.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied January 15, 1962.

Certiorari Denied February 20, 1962.

Attorney(s) appearing for the Case

D. Ross Banister, Glenn S. Darsey, Brunswig Sholars, Braxton B. Croom, Robert J. Jones, by Brunswig Sholars, Baton Rouge, for plaintiff.

Jones, Kimball, Harper, Tete & Wetherill, by Sam H. Jones, Lake Charles, for defendants-appellees.

Plauche & Stockwell, by Oliver P. Stockwell, Lake Charles, for defendants-appellees.

Raymond D. Fuljenz, Lake Charles, ad hoc for absent defendants-appellees.

Before SAVOY, FRUGE and CULPEPPER, JJ.

CULPEPPER, Judge.

This expropriation suit was brought by the plaintiff under the provisions of the socalled "Highway Expropriation Act" which provides for expropriation by a declaration of taking (LSA-R.S. 48:441 et seq.). At the time plaintiff filed its petition of expropriation, a title dispute existed amongst the defendants as to all but 2.5 acres of the tract of land containing 9.1 acres from which the 2.768 acre right of way was taken. Plaintiff alleged the existence...

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