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· 8/19/1904

State ex rel. City of New Orleans v. Ellis

Citations

  • 113 La. 555
  • 37 So. 209
  • 1904 La. LEXIS 674

Syllabus

<p>EMINENT DOMAIN — EXERCISE OE BIGHT— PROCEDURE — APPEAL—INJUNCTION.</p> <p>1. The state has imposed upon itself and upon the political corporations established by it the same conditions in the respect to the exercise of the power of eminent domain as are imposed upon other corporations to which that power is granted.</p> <p>2. The mere determination of the state or of a political corporation to expropriate property does not devest the title of the owner, and the courts ought not at that stage to interfere with the owner’s dominion, save to the extent necessary for the ultimate accomplishment of the purpose contemplated by proposed expropriation.</p> <p>(Syllabus by the Court.)</p>

Judges: Monroe

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