Legal Opinion

State ex rel. Department of Transportation & Development v. Rushing

Louisiana Court of Appeal

Decided October 7, 1987No. 86-881PublishedCited by 3 opinions

1Opinion of the Court

KNOLL, Judge.

The State of Louisiana, through the Department of Transportation and Development (DOTD) expropriated 7,514 square feet of property belonging to Jerry E. Rushing and his wife, defendants herein, pursuant to the provisions of LSA-R.S. 48:441, et seq. The trial court’s total award to the Rushings was $61,549.30. DOTD appeals, contending the trial court erred in granting an excessive award and in valuing the property as both commercial and residential. We affirm.

FACTS

The Rushings are owners of a tract of land that fronts on U.S. 165 North in Rap-ides Parish that originally contained…

2Cases cited5 opinions

  1. State, Department of Highways v. McPhersonSupreme Court of Louisiana · 1972
  2. State, Dept. of Transp. v. Van WillettLouisiana Court of Appeal · 1980
  3. State, Dept. of Highways v. EubanksLouisiana Court of Appeal · 1977
  4. STATE, DEPT. OF TRANSP. & DEVEL. v. ChaissonLouisiana Court of Appeal · 1985
  5. State, Dept. of Highways v. New Orleans Term. Co.Louisiana Court of Appeal · 1975

3Cited by3 opinions

  1. STATE, DEPT. OF TRANSP. & DEV. v. Schwegmann Westside Expressway, Inc.Supreme Court of Louisiana · 1996
  2. STATE, DEPT. OF TRANSP. AND DEV. v. HammonsLouisiana Court of Appeal · 1989
  3. STATE, DEPT. OF TRANSP. & DEV. v. Schwegmann Westside Expressway, Inc.Louisiana Court of Appeal · 1995

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