State ex rel. Atchafalaya Basin Levee Board v. Capdervielle

Citations

• 142 La. 111
• 76 So. 327
• 1917 La. LEXIS 1632

Syllabus

<p>(Syllabus by the CourtJ</p> <p>1. Public Lands <@=66 — Disposition by State — Question by Ministerial Officer.</p> <p>Whether the state of Louisiana disposes of lands acquired by grants from the United States in accordance with the purposes for which the grants may be thought to have been made is a matter that lies between the state and the United States, and is not to be raised by an officer upon whom the state imposes the ministerial duty of conveying the lands to a particular state , agency created for a particular purpose.</p> <p>2. Mandamus <@=86 — Public Lands <@=66— Donation by State of Louisiana — Acceptance-Statute.</p> <p>Act No. 97 of 1890 contemplates that the donation of land to the Atchafalaya basin levee board therein contained should stand open, indefinitely, for acceptance, and that the land should be conveyed to the board, from time to time, as requested by it, and that act is unaffected by Act No. 215 of 1908; hence the request which the hoard now makes of the state auditor and register of the state land office to. execute conveyances of the land so donated is as well within the law as it has ever been, and, as the ministerial duty rests upon those officers to comply with that request, mandamus will lie to compel such compliance.</p>