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TERREBONNE v. SOUTH LAFOURCHE TIDAL CONTROL

No. 82-C-1721.

445 So.2d 1221 (1984)

Ellis TERREBONNE, et al. v. SOUTH LAFOURCHE TIDAL CONTROL LEVEE DISTRICT.

Supreme Court of Louisiana.

Rehearing Denied February 9, 1984.

Attorney(s) appearing for the Case

Stanley L. Perry, Galliano, for applicant.

H. Harwell Herrin, Golden Meadow, Jerald P. Block, Block, Block & Parro, Thidodaux, John J. Erny, Jr., Asst. Dist. Atty., Norval J. Rhodes, Dist. Atty., for respondents.

William J. Guste, Atty. Gen., Michael O. Hesse, Asst. Atty. Gen., Mack E. Barham, Ralph S. Hubbard, III, Barham & Churchill, New Orleans, E.H. Lancaster, Jr., Lancaster, Baxter & Seale, Tallulah, Frank Voelker, Jr., Voelker, Ragland, Brackin & Crigler, Lake Providence, William C. Gambel, J. Clifford Rogillio, Milling, Benson, Woodward, Hillyer, Pierson & Miller, New Orleans, amicus curiae.

LEMMON, Justice.

This litigation involves the issue of the measure of damages, if any, to which an owner of riparian property is entitled when the property is appropriated for levee purposes.

Prior to 1978, a property owner was not statutorily or constitutionally entitled to compensation for riparian property appropriated for levee purposes, because such property has been deemed subject to a levee servitude in favor of the public since the time the riparian...

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