Manning v. City of Shreveport

Citations

• 119 La. 1044
• 44 So. 882
• 1907 La. LEXIS 589

Syllabus

<p>1. Eminent Domain — Municipal Corporations — Change of Street Grade — Right to Damages.</p> <p>Under article 167 of the Constitution, the owner of property abutting upon a street in a municipal corporation is entitled to recover the damages sustained by the property by reason of the grading, or change in the grading, of the street, and in estimating the value of the property for the purpose of assessing such damages the benefit to result from the grading is to be considered only in so far as it is peculiar to the property; the benefit so resulting which is common to the community not being taken into account.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 18, Eminent Domain, § 390.]</p> <p>2. Same — When Liability Arises.</p> <p>By the adoption of a grade, thereafter to be established, the corporation fixes the status of an existent lot as property which must, sooner or latter, be affected by the actual establishment of the grade so adopted, and the right to recover for such damage as it may sustain, though inchoate at the moment, becomes perfect when the damage is actually inflicted, and may be exercised by the then owner. But, if the lot be not improved when the grade to be -•actually established in the. future is adopted (on paper), no liability for damage to improvements is imposed and no right of recovery with respect- thereto is created. Under such circumstances, if then nonexistent improvements are •subsequently and at the option of the owner placed on a lot, they come into existence subject to conditions already established, and of -which the owner of the lot ha's notice, and he must govern himself accordingly.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. -voí. 18, Eminent Domain, §§ 266, 269, 270.]</p> <p>Land and Provosty, JJ., dissenting in part.</p> <p>On Rehearing.</p> <p>3. Same-Mnitial Grading.</p> <p>Under article 167 of the Constitution of 1898 a municipal corporation is responsible for •damage to private property resulting