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PROPERTY

1.Court dismisses trespass claim in case involving construction of replacement salt brine pipeline.
W&T Offshore, LLC v. Texas Brine Corp., 2018-C-0950 (La. 06/26/19) [29 pp.]
From LSCR Volume 27, Issue 6
     In 1979 Texas Brine entered into a lease with the predecessors of W&T Offshore, LLC, to utilize land in Lafourche Parish (the Brown property) for conduct... view full summary
2.On rehearing, Court remands for consideration of effect of dismissal of one defendant.
Gloria's Ranch, LLC v. Tauren Exploration, Inc., 2017-C-1518 (La. 09/07/18) [2 pp.]
From LSCR Volume 26, Issue 9
     This case involved a claim by plaintiff against several defendants for failure to release a mineral lease pursuant to Civil Code arts. 206 and 207. ... view full summary
3.Mortgage company was not liable for damages for failure to release mineral lease.
Gloria's Ranch, LLC v. Tauren Exploration, Inc., 2017-C-1518 (La. 06/27/18) [28 pp.]
From LSCR Volume 26, Issue 7
     In 2004 plaintiff granted a mineral lease to Tauren Exploration, Inc. covering 1,390.25 acres in Caddo Parish. The lease was granted for an initial three-year ... view full summary
4.Court recalls writ in case involving claimed servitude of passage.
Three Rivers Commons Condominium Assoc. v. Donna Grodner, 2017-C-0974 (La. 04/02/18) [3 pp.]
From LSCR Volume 26, Issue 4
     This case involved a dispute over an alleged servitude of passage. Three Rivers Island is located on the south side of the Diversion Canal in Livingston Pari... view full summary
5.Court affirms expropriation of property for Bernard Port, remands for revaluation.
St. Bernard Port, Harbor & Terminal District v. Violet Dock Port, Inc., 2017-C-0434 (La. 01/30/18) [40 pp.]
From LSCR Volume 26, Issue 1
     The St. Bernard Port, Harbor & Terminal District (the Port) is a public cargo facility in St. Bernard Parish. The Port handles several types of cargo and is o... view full summary
6.Post-sale notice by private party to mortgagee regarding tax sale was sufficient, even though tax collector failed to provide notice.
Central Properties v. Fairway Gardenhomes, LLC, 2016-C-1855 c/w 2016-C-1946 (La. 06/29/17) [19 pp.]
From LSCR Volume 25, Issue 7
     Resource Bank was the mortgagee on a 2009 mortgage covering three condominium units in Covington, Louisiana. The mortgage was recorded in the St. Tammany Parish... view full summary
7.Court remands levee appropriation class action in light of recent opinion concerning compensation and attorney's fees.
Jason Adams v. South Lafourche Levee District, 2016-C-1423 (La. 06/29/17) [1 p.]
From LSCR Volume 25, Issue 6
     On March 31, 2017, the Court issued an opinion in South Lafourche Levee District v. Chad M. Jarreau, 2016-C-0788 (La. 03/31/17). (See LSCR Vol. 25, No. 4). Jarreau invo... view full summary
8.LA Constitution requires payment of fair market value to owner whose property is appropriated for levee improvements.
South Lafourche Levee District v. Chad M. Jarreau, 2016-C-0788 c/w 2016-C-0904 (La. 03/31/17) [29 pp.]
From LSCR Volume 25, Issue 4
     In January 2010, in an effort to upgrade the size of the existing permanent levee servitude for flood protection, the Board of Commissioners of the South Lafourche Levee D... view full summary
9.Plaintiff entitled to opportunity to amend petition for possessory action to cure defect raised by exception of no cause of action.
On Leong Chinese Merchants Association v. AKM Acquisitions, LLC, 2016-C-0133 (La. 04/08/16) [1 p.]
From LSCR Volume 24, Issue 4

          Plaintiff, a Louisiana non-profit corporation, filed a petition for possessory action against defendants, alleging that plaintiff was ... view full summary
10.Lessors of mineral rights who sold their interests to lessees for sum far less than actual value had no cause of action against lessees.
John C. McCarthy v. Evolution Petroleum Corp., 2014-C-2607 (La. 10/14/15) [26 pp.]
From LSCR Volume 23, Issue 10

          Plaintiffs were successors-in-interest to mineral rights within the Delhi Field Unit, located in Richland Parish. The mine... view full summary
11.Counsel for foreclosing lender entitled to summary judgment in debtor's Section 1983 claim against counsel for misuse of executory process.
The Bank of New York Mellon v. Whitney Blaine Smith, 2015-C-0530 (La. 10/14/15) [13 pp.]
From LSCR Volume 23, Issue 10

          Whitney and Pamela Smith entered into a residential mortgage contract with Saxon Mortgage Services. The mortgage was secur... view full summary
12.Statute governing procedure for closing private railroad crossings did not effect unconstitutional taking of railroad's property.
R.T. Faulk III v. Union Pacific Railroad Co., 2014-CQ-1598 (La. 06/30/15) [34 pp.]
From LSCR Volume 23, Issue 7

          In the late 1880s the predecessors of Union Pacific Railroad Company acquired the right to build a railroad over certain property in O... view full summary
13.Plaintiff who used neighbor's property with permission, even if only implied, was precarious possessor who acquired no rights by acquisitive prescription.
John Boudreaux v. Paul Cummings, 2014-C-1499 (La. 05/05/15) [26 pp.]
From LSCR Volume 23, Issue 5

          Plaintiff sued defendant for recognition of a predial servitude/right of way by virtue of acquisitive prescription and a permanent inj... view full summary
14.Subsequent purchaser doctrine of Eagle Pipe did not apply to transfer of property through succession as opposed to sale.
Nellie Pierce v. Atlantic Richfield Co., 2014-C-1233 (La. 03/17/15) [4 pp.]
From LSCR Volume 23, Issue 3

          This suit involved property in Vermillion Parish. In the mid-1970s Home Industry Disposal Company, Inc. (HIDCO) began ... view full summary
15.Tax sale purchaser entitled to recover its costs from third party purchaser although tax sale was absolute nullity.
Mooring Tax Asset Group LLC v. Roderick A. James, 2014-C-0109 (La. 12/09/14) [14 pp.]
From LSCR Volume 22, Issue 12

          In 1997, Charles and Connie Brown purchased the property at 7047 Lake Willow Drive in New Orleans, and the sale was recorded in the Or... view full summary
16.Court dismisses action by mineral rights owners challenging statutory authority of Commissioner of Office of Conservation.
Robert H. Gatti v. State of Louisiana, 2014-C-0863 (La. 08/25/14) [1 p.]
From LSCR Volume 22, Issue 9

          Plaintiffs were the owners of mineral rights in the Haynesville Shale in northwest Louisiana. They filed suit against the State, throu... view full summary
17.Property owner had no cause of action against city for wrongful failure to issue liquor license to lessee.
MAW Enterprises, LLC v. City of Marksville, 2014-C-0090 (La. 09/03/14) [29 pp.]
From LSCR Volume 22, Issue 9

          In November 2009, Couvillon's Payless, Inc., the owner of a convenience store and gas station, entered into a contract to lease the pr... view full summary
18.Cash sale deed language limited interest sold in property.
Virgil Mason v. Exco Operating Company, 2014-C-426 (05/23/14) [5 pp.]
From LSCR Volume 22, Issue 6

          Virgil Mason inherited from his father, Willis Mason, a 1/125 interest and a 1/880 interest in a piece of immovable property. He then ... view full summary
19.City substantially complied with requirements for notice to owner of blighted, unoccupied property.
City of New Orleans v. Kevin M. Dupart, 2014-C-0617 (La. 05/02/14) [3 pp.]
From LSCR Volume 22, Issue 5

          Defendant owned unoccupied property in New Orleans. By certified mail, the City sent him notice of an administrative hearing to addres... view full summary
20.Plaintiff had not pled petitory action and was entitled to have possessory action heard.
On Leong Chinese Merchants Association v. AKM Acquisitions, LLC, 2014-C-0533 (La. 05/02/14) [2 pp.]
From LSCR Volume 22, Issue 5

          Plaintiff, a Louisiana non-profit corporation, filed a "Petition for Possessory Action Relief and Damages" against defenda... view full summary
21.Court affirmed reversal of $11 million judgment; deed was sufficiently specific to create mineral interest in favor of third party prior to plaintiffs' purchase of property; attorneys did not commit LUTPA violation.
Quality Environmental Processes, Inc. v. I.P. Petroleum Company, Inc., 2013-C-1582 c/w 2013-C-1588 c/w 2013-C-1703 (La. 05/07/14) [28 pp.]
From LSCR Volume 22, Issue 5

          In 1992, Michael St. Martin and Virginia Rayne St. Martin purchased a tract of land in Terrebonne Parish by act of cash sale. In the a... view full summary
22.1925 tax sale could not be annulled based on Mennonite violation.
Quantum Resources Management, L.L.C. v. Pirate Lake Oil Corp., 2012-C-1472 (La. 03/19/13) [21 pp.]
From LSCR Volume 21, Issue 3

          Plaintiffs were the owners of several oil, gas, and mineral leases covering certain lots near Lafitte in Jefferson Parish. They filed ... view full summary
23.Time limit in Section 47:2228 did not prevent action to annul constitutionally defective tax sale.
Jerri G. Smitko v. Gulf South Shrimp, Inc., 2011-C-2566 (La. 07/02/12) [16 pp.]
From LSCR Volume 20, Issue 7

          Defendant, who owned three tracts of land in Terrebonne Parish, failed to pay the ad valorem taxes on the properties for the year 2002... view full summary
24.Prescription on mineral interest claim suspended by contra non valentem.
James P. Wells v. Donald J. Zadeck, 2011-C-1232 (La. 03/30/12) [21 pp.]
From LSCR Volume 20, Issue 4

          In 1949, Mr. and Mrs. Wells conveyed 120 acres of property in DeSoto Parish to Mrs. and Mrs. Holmes and established a mineral servitud... view full summary
25.Subsequent purchaser rule applied to non-apparent property damage; purchaser had no right of action against third parties for property damage.
Eagle Pipe and Supply, Inc. v. Amerada Hess Corporation, 2010-C-2267 c/w 2010-C-2272, 2010-C-2279, and 2010-C-2289 (La. 10/25/11) [73 pp.]
From LSCR Volume 19, Issue 11
From 1981 through 1988, Robert Bridges, Patsy Tremble Bridges, and Edmund J. Baudoin, Jr. owned property in Lafayette Parish and leased the property to Union Pipe and Supply, Inc. Union... view full summary
26.Severed underground cable claim was governed by negligence principles.
MCI Communications Services, Inc. v. Wayne Hagan, 2011-CQ-1039 (La. 10/25/11) [12 pp.]
From LSCR Volume 19, Issue 10
This case presented a certified question from the U.S. Fifth Circuit Court of Appeals. In 1984, Illinois Central Gulf Railroad agreed to let plaintiff's predecessor install and operate a telecommuni... view full summary
27.Ownership of disputed property determined by Civil Code art. 794.
Loutre Land & Timber Co. v. Wilton A. Roberts, 2010-C-2327 (La. 05/10/11) [11 pp.]
From LSCR Volume 19, Issue 5
This case involved a dispute over a tract of land between two contiguous pieces of property. The Marie Wilson Morgan family owned a tract described as the "Section 3 Tract." Directly south of that t... view full summary
28.Judgment mistakenly entered into conveyance records was not judicial mortgage.
Hans Wede v. Niche Marketing USA, LLC, 2010-C-0243 (La. 11/30/10) [15 pp.]
From LSCR Volume 18, Issue 12
In 2005 plaintiff obtained a money judgment against Rodney Whitney, Jr. and Niche Marketing USA, LLC in North Carolina. Mr. Whitney and his wife owned immovable property in St. John the Baptist Pari... view full summary
29.Timber trespass statute does not apply to co-owners of property.
Janice Sullivan v. Priscilla Wallace, 2010-C-0388 (La. 11/30/10) [19 pp.]
From LSCR Volume 18, Issue 12
Plaintiff, Janice Sullivan, and defendant, Bruce Sullivan, purchased a 120-acre tract of land in Claiborne Parish during their marriage. They divorced in 1990 but retained the community... view full summary
30.All owners of record must receive notice of tax sale.
C&C Energy, L.L.C. v. Cody Investments, L.L.C., 2009-C-2160 (La. 07/06/10) [11 pp.]
From LSCR Volume 18, Issue 7
          In 1992 George and Marilyn Gorsulowsky bought residential property in Caddo Parish. After Marilyn died, a 1995 judgment of possession recogn... view full summary
31.Fact issues existed in predial servitude case.
Roger D. Phipps v. Cynthia Nelson Schupp, 2009-C-2037 (La. 07/06/10) [16 pp.]
From LSCR Volume 18, Issue 7
          In 1978, Richard Katz, the common owner of a parcel of land adjacent to Audubon Park, subdivided the property into 2 lots: 543 Exposition Bo... view full summary
32."Societal expectations" test reinstated by legislature.
Willis-Knighton Medical Cntr. v. Caddo-Shreveport Sales and Use Tax Comm'n, 04-C-0473 (La. 6/22/05) (on reh'g) [8 pp.]
From LSCR Volume 13, Issue 7
          In Willis-Knighton Med. Cntr. v. Caddo-Shreveport Sales and Use Tax Comm'n, 2004-C-0473 (La. 4/1/05) ("Willis-Knighton I"), reported in the ... view full summary
33.Fixtures bolted to a building are movables, overruling controlling precedent; sales and use taxes construed.
Willis-Knighton Med. Cntr. v. Caddo-Shreveport Sales and Use Tax Comm'n, 2004-C-0473 (La. 4/1/05) [66 pp.]
From LSCR Volume 13, Issue 4
          This is the first definitive pronouncement from the Court since 1968 regarding the standard for determining whether a fixture of a building ... view full summary
34.No implied dedication of private property to the public, despite public use of the land for 60 years.
Cenac v. Public Access Water Rights Association, 2002-C-2660 (La. 6/27/03) [28 pp.]
From LSCR Volume 11, Issue 7
          Plaintiff Cenac on April 4, 2000 acquired a boat launch and the adjacent portion of a canal connecting Bayou Lafourche and Bayou Des Alleman... view full summary