# Board of Commissioners v. Caluda

> Louisiana Court of Appeal · January 30, 1990 · 557 So. 2d 373

URL: https://www.frixlaw.com/law-library/cases/7580697

## Case

- **Full name:** BOARD OF COMMISSIONERS FOR THE GRAND PRAIRIE LEVEE DISTRICT v. Mike CALUDA, Jr.
- **Court:** Louisiana Court of Appeal
- **Decided:** January 30, 1990
- **Citations:** 557 So. 2d 373; 1990 La. App. LEXIS 159; 1990 WL 6304
- **Precedential status:** Published
- **Opinion:** Concurrence by Becker
- **Judges:** Becker, Ciaccio, Williams
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7580697

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7580697. Public record. Not legal advice.