Faulk v. Union Pacific Railroad

| ,We accepted the certified question presented to this court by the United States Court of Appeals, Fifth Circuit, in Faulk v. Union Pacific Railroad Company, 576 Fed.Appx. 345 (5th Cir.2014) (per curiam).1 The question posed by the Fifth Circuit is: “Whether the application of La.Rev.Stat. § 48:394 to any of the properties in this case amounts to an unconstitutional taking of private property without a public purpose, in violation of Article I, Section 4 of the Louisiana Constitution.”2 See 576 Fed.Appx. at 350-51. For the reasons that follow, we conclude that LSA-R.S. 48:394 has not…