Documents

Jarreau v. South LaFourche Levee District Documents 8-1-17

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Brian T. Hodges

Senior Attorney

Brian Hodges is a Senior Attorney at PLF’s Pacific Northwest office in Bellevue, Washington. Brian focuses his practice on defending of the right of individuals to make reasonable use of … ›

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By Brian T. Hodges

Should a business owner recover economic damages when the government condemns his property?

In a brief filed earlier today, PLF attorneys urge the US Supreme Court to answer this important question concerning the Fifth Amendment’s guarantee that property shall not be taken without payment of just compensation

In the past, the US Supreme Court instructed that a dispossessed owner must be put in “as good position pecuniarily as he would have occupied if his property had not been taken” United States v Miller (1943) So, although business losses are presumed to be non-recoverable due to the fact that they are often collateral to the taking, the Court has awarded economic losses when a government condemnation action directly affects a business

The Louisiana

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By Brian T. Hodges

Business losses may be awarded as just compensation, just not in this case

Today, we received a mixed decision from the Louisiana Supreme Court in the amicus case, South LaFourche Levee District v Jarreau

As you may recall, Jarreau asked the Louisiana Supreme Court to determine the measure of compensation due for the Levee District’s appropriation of land from an excavation and hauling company The law is a bit complicated due to the fact that Louisiana property law places a servitude on certain waterfront properties for the purpose of constructing levees should they become necessary So, when the government “takes” property located on a servitude, it’s deemed an “appropriation” rather than an “expropriation” and is channeled through a different

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By Brian T. Hodges

PLF argues that business losses are recoverable in eminent domain cases

One of the most basic protections that the US Constitution provides for property owners is the guarantee that the government cannot take private property without paying just compensation That mandate is intended not only to ensure that owners are made whole, but also to place a real limit of the government’s exercise of eminent domain authority—which is truly an awesome and terrible power (more…)

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