Walton v. Burns

Iil respectfully concur with the majority ruling as I am not in agreement with both the procedural and substantive analyses given.

In this case, as in the supreme court’s important ruling in Marin v. Exxon Mobil Corp., 09-2368, 09-2371 (La.10/19/10), 48 So.3d 234, the alleged damage is the existing contamination of the soil and groundwater which impedes or prevents plaintiffs’ present use of the land. Plaintiffs’ ownership of the immovable is subject to two real right encumbrances or incorporeal im-movables — a mineral lease and a mineral servitude. La. R.S. 31:18. As discussed further below,…