Legal Opinion

Wilson v. State, Dept. of Transportation & Development

Louisiana Court of Appeal

Decided January 14, 1985No. 84-CA-208PublishedCited by 4 opinions

1Opinion of the Court

DUFRESNE, Judge.

This is an appeal from a judgment adverse to the State of Louisiana, through the Department of Transportation and Development (DOTD) rendered in a lawsuit for damages relating to the State’s “over-expropriation”. We find no error, therefore affirm.

The facts in this matter are undisputed.

In December 1959, the State expropriated 14,392 square feet of land from Matle A. Smith, petitioner’s ancestor in title, and paid 30 cents per square foot for the land taken. The highway was constructed but due to a change in plans, 5,281 square feet remained as surplus lands. In 1965, the…

2Cases cited5 opinions

  1. South Central Bell Telephone Co. v. Texaco, Inc.Supreme Court of Louisiana · 1982
  2. Louisiana Resources Co. v. GreeneLouisiana Court of Appeal · 1981
  3. First Guaranty Bank v. DurhamLouisiana Court of Appeal · 1982
  4. Prentice Oil and Gas Co. v. STATE, DEPT. OF TRANSP. AND DEVELOPMENTLouisiana Court of Appeal · 1982
  5. Wilson v. State ex rel. Louisiana Department & Development Office of HighwaysLouisiana Court of Appeal · 1981

3Cited by4 opinions

  1. ST. TAMMANY PARISH HOSP. SERVICE DISTRICT NO. 2 v. SchneiderLouisiana Court of Appeal · 2001
  2. State, D.O.T.D. v. LandryLouisiana Court of Appeal · 1987
  3. Wilson v. State, Department of Transportation & DevelopmentSupreme Court of Louisiana · 1985
  4. Maynard v. Board of CommissionersLouisiana Court of Appeal · 1988

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