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· 1/16/1905

Louisiana Navigation & Fisheries Co. v. Doullut

Citations

  • 114 La. 906
  • 38 So. 613
  • 1905 La. LEXIS 567

Syllabus

<p>EMINENT DOMAIN — EXERCISE OE POWER.</p> <p>1. A corporation including a purpose of purely private business among the purposes of its organization cannot exercise the power of eminent domain.</p> <p>2. It makes no difference that such corporation was organized prior to the passage of Act 120 of 1904, which legalizes all corporations theretofore formed on the multifarious plan.</p> <p>On Rehearing.</p> <p>3. A corporation created under the general laws providing for the organization of corporations for works of public improvement and utility may be constituted for any number of the conjunctive purposes permitted to corporations belonging to that class. The same rule applies to other classes of corporations.</p> <p>4. Where an act validating the charters of corporations irregularly organized was passed after judgment in the court below, the case will be remanded, in order that all questions relative to the legal effect and constitutionality of such act may be properly raised and determined in accordance with the rules of practice.</p> <p>(Syllabus by the Court.)</p>

Judges: Breaux, Decree, Land, Provosty

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