Opinion

Board of Commissioners v. Caluda

  • 557 So. 2d 373
  • 1990 La. App. LEXIS 159
  • 1990 WL 6304
Court
Louisiana Court of Appeal
Filed
Jan 30, 1990
Status
Published
Author
Becker
On the bench
Becker, Ciaccio, Williams
Cited by
1 cases
Authority
More cited than 26.7%

The opinion

BECKER, Judge,

concurs with written reasons.

Although I agree with the conclusion reached by the majority, I do so only because of the lack of evidence as to when and where La. Hwy. 39 was relocated. A public road may be abandoned by a relocation of the road by the governing body or by clear and well-established proof of intent by the governing body to abandon. See Robinson v. Beauregard Parish Police Jury, 351 So.2d 113 (La.1977). It is not necessary that there be a formal abandonment as set forth in LSA-R.S. 48:224. Had there been clear and convincing proof of the intent to abandon by the relocation of La. Hwy. 39 in close proximity to the old roadway, then the Caluda family should have been compensated for the loss of the reversion rights that would have accrued upon 10 years of nonuse. LSA-C.C. 753.

WILLIAMS, J., concurs for the reasons assigned by BECKER, J.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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