Russell v. Board of Com'rs of Lake Borgne Basin Levee Dist.

The Constitution of 1921 (article 16, § 6, p. 115) provides that:

“Lands and improvements thereon, hereafter actually used or destroyed for levees or levee drainage purposes shall be paid for at, a price not to exceed the assessed value for the preceding year. * * * ”

I

On April 29, 1922, the Mississippi river rose, burst through the levee in front of plaintiff’s property, and washed away 19 acres of plaintiff’s land before subsiding.

A new levee was then built by the defendant. This leVee occupies 14.50 acres of plaintiff’s land, and leaves on the outside thereof additional 38.93 acres of…