Breaux v. Bienvenu

Citations

• 51 La. Ann. 687
• 25 So. 321
• 1899 La. LEXIS 451

Syllabus

<p>Syllabus.</p> <p>Act No. 54 of 1896, authorizing owners of property situated as described therein to acquire by the expropriation proceedings fixed In the second and third sections of the Act the right to construct a road, tramway, ditches or canal as the exigencies of the case might require over the lands of his neighbors to the nearest public road, railroad or water course for the purpose of getting the products of such land to such public road, railroad or water course, if constitutional, is in derogation of general right and calls for very strict interpretation. The law does not apply to parties whose lands border upon a public road or stream by which the products of his plantation can reach . a market under feasible though difficult conditions. The law does not take into account the inconveniences of the situation, nor the greater or less cost of reaching the railroads, the refineries or public centres of business or trade, but contemplates an absolute inability of doing so without the right of way being granted.</p>