LAKE CHARLES HARBOR & TERMINAL DIST. v. FARQUHAR

No. 1919.

196 So.2d 847 (1967)

LAKE CHARLES HARBOR & TERMINAL DISTRICT, Plaintiff-Appellee, v. Benjamin H. FARQUHAR et al., Defendants-Appellants.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied April 12, 1967.


Attorney(s) appearing for the Case

Porter, Scofield & Cox, by James J. Cox, Lake Charles, for defendants-appellants.

Kaufman, Anderson, Leithead, Scott & Boudreau, by Everett R. Scott, Jr., Lake Charles, for plaintiff-appellee.

Before TATE, FRUGÉ, and HOOD, JJ.


HOOD, Judge.

This is an expropriation proceeding instituted by Lake Charles Harbor and Terminal District to acquire a servitude running east and west across the center of an 80-acre tract of land owned by defendants. Plaintiff contends that it needs this servitude to enable it to construct and maintain a public road and a railroad over and across defendants' property.

The defendants filed an answer alleging, among other defenses, that the proposed taking is...

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