Lafayette Airport Commission v. Roy

ON APPLICATION FOR REHEARING

Before MILLER, WATSON and CU-TRER, JJ.

MILLER, Judge.

Mrs. Roy’s (the usufructuary’s) application for rehearing should be granted. I think we erred in failing to order $652.35 (the value of the land subject to Mrs. Roy’s usufruct, excluding the mineral value not subject to her usufruct) invested for the naked owner’s benefit subject to the award of the interest on the investment to Mrs. Roy.

Our reliance on Mrs. Roy’s “failure to establish the value” of the usufruct is misplaced for two reasons. First, the relevant jurisprudence applies between the claimant and the…