Fuselier v. Police Jury

Citations

• 109 La. 551
• 33 So. 597
• 1903 La. LEXIS 411

Syllabus

<p>PUBLIC ROADS — ESTABLISHMENT—EXPROPRIATION — PROCEDURE.</p> <p>1. While the discretion of police juries in respect of the establishment of public roads is not an arbitrary one, the courts will not interfere with the same unless there appear a clear case of its abuse.</p> <p>2. Act No. 117 of 1886 and Act No. 96 of 1896, amending and re-enacting section 1479 of the Revised Statutes, which is identical with article 2630 of the Civil Code, had the effect of likewise amending and re-enacting the latter, even though it were not referred to in the amending acts.</p> <p>8. Section 33C9 of the Revised Statutes is hold not to be in conflict with article 2640 of the Civil Code and the articles immediately preceding it. They aro laws in pari materia and construing them together reasonable effect can be given to each.</p> <p>4. If, for instance, the police jury of- a parish wish to'acquire a site for a courthouse or jail, it would expropriate the same under the articles of the Code as amended by the Acts of 1886 and 1896.</p> <p>5. But if the police jury ordered the making of a public road in the country, and had trouble with the owners of the land over which it is to pass, it would proceed under section 3369 of the Revised Statutes to impose a mere servitude of passage over such lands.</p> <p>6. When article 2640 of the Code declares that the proceedings set forth in the articles preceding it shall be required in all cases of expropriation, it means all eases of expropriation where the intention is to vest something more in the expropriating plaintiff than a mere right of occupation or use of the soil.</p> <p>(Syllabus by the Court.)</p>