State v. New Orleans, City & Lake Railroad

Citations

• 104 La. 685

Syllabus

<p>Syllabus.</p> <p>1. Full and specific notice having been given, by means of a written instrument, filed in the office of the Secretary of State, that the defendant’s author claimed to be the transferree of a grant, made by legislative enactment, authorizing the construction of a railway on certain public lauds, and the free use of said lands for that purpose ; and the road having bec-n, thereafter, constructed agreeably to such notice; and having been operated for twenty-three years, and no demand having been made, during that time, for eompen salion for the use of said land, or notice given of any intention to make such demand; and no time having been afforded to the defendant to remove from the property, the State is estopped in an action to recover a stipulated amount, per annum, for the period during which defendant has exercised, or may exercise, the right of way in question.</p> <p>2. Act 84 of 1882, authorizing the building and maintenance of railroads through public lands, is a declaration of the public policy of the State on that subject, and is so far applicable to a road in existence at the time of its adoption as to prevent a recovery, by the State, for the use of the right of way, in the absence of additional legislation authorizing the demand.</p> <p>3. The legislature has sanctioned the building of a railroad on the bank of the New Canal, but should it appear, in a proceeding properly brought, that the road so built is maintained and operated in such a manner as to interfere with the effective administration and use of the canal the matter would be a proper subject for judicial inquiry.</p> <p>On Rehearing.</p> <p>1. Although the rights under a legislative charter may not be complete because of non-acceptance in the manner required, and although the defendant road may not have, in manner required,- availed itself of the statute authorizing consolidation of corporations, yet it is not possible, under the law, for the State to obtain judgment which w