Legal Opinion

Opinion Number

Louisiana Attorney General Reports

Decided November 16, 2009Published

1Opinion of the Court

Dear Mr. Landry:

This Office is in receipt of your request to this Office for an Attorney General's Opinion on the following issues:

1) Who owns the excavated soil of a drainage canal/channel constructed pursuant to La.R.S. 38:113?

2) Can a Drainage District, Drainage Board, Parish, or Police Jury (collectively referred to herein as "Drainage District") legally spread the excavated soil from such a canal/channel outside the 100' servitude area authorized by La.R.S. 38:113?

3) What is the remedy of the Drainage District should the landowner refuse the spread of the excavated material on any part…

2Cases cited7 opinions

  1. City of Port Allen v. Louisiana Mun. RiskSupreme Court of Louisiana · 1983
  2. Board of Directors v. All TaxpayersSupreme Court of Louisiana · 2006
  3. Dugas v. St. Martin Parish Police JuryLouisiana Court of Appeal · 1977
  4. Whipp v. Bayou Plaquemine Brule Drainage Bd.Louisiana Court of Appeal · 1985
  5. PLAQUEMINES PARISH COM'N COUNCIL v. Hero Lands Co.Supreme Court of Louisiana · 1980

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