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LIEBER v. CADDO LEVEE DIST. BD. OF COM'RS

No. 27267-CA.

660 So.2d 188 (1995)

Samuel L. LIEBER, Plaintiff-Appellee, v. CADDO LEVEE DISTRICT BOARD OF COMMISSIONERS, et al., Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

August 23, 1995.

Attorney(s) appearing for the Case

Bertrand & Soileau by Ronald J. Bertrand, Rayne, for appellant.

Wiener, Weiss, Madison & Howell by Neil T. Erwin, Shreveport, for appellee.

Before MARVIN, NORRIS and LINDSAY, JJ.

LINDSAY, Judge.

The State, through the Department of Transportation and Development (DOTD), appeals a trial court judgment holding that a 1953 right-of-way deed, obtained for a limited-access highway project, was null and void because the Department of Highways was then statutorily required to take the property in fee simple, instead of merely obtaining a servitude. For the reasons assigned below, we affirm.

FACTS

In 1953, a state project in Shreveport...

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