Armstrong v. Red River, Atchafalaya & Bayou Bouef Levee Board

As I view this case, defendant has not exercised its servitude on the land in question. The trial court judgment should be affirmed.

There is no question but that part of the land granted in the servitude has been used in the manner for which the servitude was *303granted. There is no claim by plaintiff to this portion of the grant. Therefore I am not disposed to consider LSA-C.C. Arts. 790 and 791 which presuppose a claim to land which was at one time put to use under a grant of servitude. Rather, plaintiff has made claim to land lying within the limits of the grant but which has never been…