State ex rel. Illinois Cent. R. v. Board of Levee Com'rs

Citations

• 109 La. 403
• 33 So. 385
• 1902 La. LEXIS 154

Syllabus

<p>WHARVES — ERECTION—CONSENT OF AUTHORITIES.</p> <p>1. The board of commissioners of the port of New Orleans, and not the common council of the city of New Orleans, is the legal body whose consent it is necessary for riparian proprietors to obtain, under article 290 of the constitution, as a condition precedent to their erecting wharves, buildings, and improvements on the batture or banks owned by them.</p> <p>On Rehearing.</p> <p>2. The words “council or other governing authority,” made use of by article 290 of the constitution in designating the authority whose consent would have to be obtained by riparian owners desiring to build wharves on their front, are construed to have reference, not' necessarily to the city or town council, or other body or functionary exercising the same functions as a council, but to whatever body or functionary is vested by the legislature with authority over the river front at the time that the consent is solicited; the power remaining-in the legislature to transfer this authority at any time from one functionary to another.</p> <p>3.In connection with private wharves built or to be built, this authority is confided for the-time being in the city of New Orleans to the city council, and the council is the authority whose consent must be obtained by riparian owners desiring to build wharves on their front, under the provisions of article 290 of the-constitution.</p> <p>Nicholls, C. J., and Monroe, J., dissenting.</p> <p>(Syllabus by the Court.)</p>