STEVENSON v. BD. OF LEVEE COM'RS, ETC.

No. 6215.

353 So.2d 459 (1977)

Dorothy STEVENSON and Joel Stevenson, Plaintiffs and Appellees, v. BOARD OF LEVEE COMMISSIONERS OF the TENSAS BASIN LEVEE DISTRICT, Defendant and Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied January 12, 1978.

Writ Refused February 24, 1978.


Attorney(s) appearing for the Case

Coenen & Berry by Theo J. Coenen, III and James W. Berry, Rayville, for defendant-appellant.

Reeves, Lossin & Owens by R. R. Reeves, Jr., and H. James Lossin, Sr., Harrisonburg, for plaintiffs-appellees.

Dewey E. Burchett, Jr., Bossier City, amicus curiae.

Before CULPEPPER, GUIDRY and FORET, JJ.


CULPEPPER, Judge.

Joel and Dorothy Stevenson, husband and wife, sue for the market value of their separate tracts of land, plus special damages. They contend the defendant levee board wrongfully appropriated the tracts for levee purposes. The levee board contends that since the lands are riparian they are subject to a servitude, under LSA-C.C. Article 665, for the levee in question, and that plaintiffs are entitled to only the assessed value of the lands. The trial...

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