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SOMA ENTERPRISES v. STATE, D.O.T. & DEV.

No. 19,409-CA.

521 So.2d 829 (1988)

SOMA ENTERPRISES, INC., Plaintiff-Appellant, v. STATE of Louisiana, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

Writ Denied April 7, 1988.

Attorney(s) appearing for the Case

Wayne J. Blanchard, Shreveport, for plaintiff-appellant.

Bertrand & Soileau by Ronald J. Bertrand, Rayne, for defendant-appellee.

Before MARVIN, JASPER E. JONES and NORRIS, JJ.

MARVIN, Judge.

The lessee under a written, but unrecorded, lease appeals a judgment dismissing, on an exception of no right of action, lessee's demands that the State DOTD pay "just compensation" under LSA-Const. Art. 1, § 4 "for the taking of [the lessee's] leasehold interest" as a part of the right-of-way of Interstate Highway No. 49 through Shreveport. The property was purchased from the owner by the State for inclusion in the I-49 right-of-way.

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