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DASPIT v. STATE, DEPARTMENT OF HIGHWAYS

No. 5278.

325 So.2d 368 (1975)

Neil DASPIT, Plaintiff-Appellant, v. STATE of Louisiana, Through the DEPARTMENT OF HIGHWAYS, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

December 24, 1975.

Attorney(s) appearing for the Case

Pharis & Pharis, by James A. Pharis, Jr., Alexandria, for plaintiff-appellant.

Bernard L. Malone, Jr., D. Ross Banister, Wm. W. Irwin, Jr., Johnie E. Branch, Jr., Baton Rouge, for defendant-appellee.

Before MILLER, WATSON, and PETERS, JJ.

PETERS, Judge ad hoc.

This is an action for compensation for land damaged by the Department of Highways for drainage purposes. The district court held that defendant had no obligation to pay compensation for private property taken in widening and deepening a natural drain, citing LSA-R.S. 48:223(C) as authority therefor.

Plaintiff owns a tract of land in Alexandria consisting of approximately 4.543 acres. The tract...

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