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STATE THROUGH DEPT. OF HIGHWAYS v. BERTHEAUD

No. 7746.

340 So.2d 689 (1976)

STATE of Louisiana, Through the DEPARTMENT OF HIGHWAYS v. Lawrence B. BERTHEAUD et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied January 12, 1977.

Writ Refused March 11, 1977.

Attorney(s) appearing for the Case

William W. Irwin, Jr., Jerry F. Davis, Johnie E. Branch, Jr., Baton Rouge, Jennings Bryan Miller, Lake Charles, for plaintiff-appellant.

C. Cyril Broussard, New Orleans, Martin, Himel & Peytavin, Lloyd R. Himel, Lutcher, for defendants-appellees.

Before GULOTTA, STOULIG and BEER, JJ.

BEER, Judge.

This is an expropriation suit. Plaintiff-appellant is the State of Louisiana, Department of Highways, acting pursuant to Article VI, Section 19.1 of the Louisiana Constitution (1921) as amended, and LSA-R.S. 48:441 et seq., commonly referred to as the "quick taking statute." The land actually taken is a 2.77 acre "strip" of a larger (approximately 50 acre) rectangular tract of land, owned by the defendant-appellees, Lawrence B. Bertheaud and Marquerite...

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