Legal Opinion

State ex rel. City of New Orleans v. Ellis

Supreme Court of Louisiana

Decided August 19, 1904No. 15,359PublishedCited by 14 opinions

Application by the state, on the relation of the city of New Orleans, for writs of mandamus, certiorari, and prohibition to T. C. W. Ellis, judge of Division A, civil district court, parish of Orleans.

1Opinion of the CourtMonroe, J.

By Civ. Code, art. 2630, and Acts No. 96, p. 142, of 1896 and No. 227, p. 457, of 1902, the state has imposed upon itself, and upon the political corporations established by it, the same conditions with respect to the exercise of the power of eminent domain as are imposed upon other corporations to which that power is granted.

Where the owner objects that the quantity of land sought to be expropriated exceeds that which is necessary for the purpose intended, the question so presented, as also the question of the value of the land, must be-submitted to the jury, and is subject to appeal. Civ.…

2Cases cited2 opinions

  1. Board of Levee Com'rs v. Jackson's EstateSupreme Court of Louisiana · 1904
  2. Bayou Cook Navigation & Fisheries Co. v. DoullutSupreme Court of Louisiana · 1904

3Cited by14 opinions

  1. Clinton v. StateSupreme Court of Florida · 1907
  2. Maloy v. StateSupreme Court of Florida · 1906
  3. Roberts v. State of FloridaSupreme Court of Florida · 1927
  4. Britt v. StateSupreme Court of Florida · 1924
  5. Hobbs v. StateSupreme Court of Florida · 1922

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