Legal Opinion

State, Department of Highways v. Modica

Louisiana Court of Appeal

Decided September 23, 1987No. 18654-CAPublishedCited by 3 opinions

1Opinion of the Court

MARVIN, Judge.

In this action expropriating property in 1974 for the 1-220 interchange at Swan Lake Road in Bossier parish under the quick-taking statute, the State appeals a judgment that awarded the landowner $92,-923 in addition to the amount the State deposited for the taking ($107,136). LRS 48:441 et seq.

On the original appellate hearing, two of the three judges agreed with the State’s contention that severance damages should not have been awarded because the completed interstate loop conferred “special benefits” to the remainder of the landowner’s property.

After reargument before a…

Also in this document: Dissent.

2Cases cited9 opinions

  1. State, Department of Highways v. McPhersonSupreme Court of Louisiana · 1972
  2. Louisiana Highway Commission v. GreySupreme Court of Louisiana · 1941
  3. State Ex Rel. Department of Highways v. RapierSupreme Court of Louisiana · 1964
  4. State, Dept. of Hys. v. William T. Burton Indus., Inc.Louisiana Court of Appeal · 1969
  5. State Through Dept. of Highways v. BrayLouisiana Court of Appeal · 1987

4 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. LOS ANGELES CTY. METRO. TRANSP. v. Continental Dev.California Supreme Court · 1997
  2. Los Angeles County Metropolitan Transportation Authority v. Continental Development Corp.California Supreme Court · 1997
  3. State, Department of Highways v. ModicaSupreme Court of Louisiana · 1987

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