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Articles Posted in Property

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Louisiana Fourth Circuit Finds Contract Conditioned Upon Financing Voided by Failure of Condition

Sometimes even the best-planned of deals amongst parties may fall through. Parties often turn to the courts to resolve contractual disputes. When a court is interpreting a contract between two parties, it is often as simple as applying the “four corners” rule. I.e. it will not look at anything outside…

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Government Expropriates Land to Reroute Highway 105 in Louisiana, Landowners Compensated Fairly After Lawsuit

When the government takes privately owned property to be used for the benefit of the public, it is called an expropriation. Federal and state law prohibit the government from taking private property without compensating the owner. The Louisiana Constitution provides that property shall not be taken or damaged by the…

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Value of Trees at Center of Lawsuit Determining Compensation for Expropriation to Build Highway in Avoyelles Parish

Expropriation is the act of the government taking privately owned property and using it for the benefit of the public. Generally, most expropriation cases deal with the construction of public roadways and highways. Where the land is expropriated, the private landowner is generally compensated. In one particular matter involving the…

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Dispute Over Rights to Hunting Grounds Highlights Importance of Understanding Reservations in Deeds

When purchasing property, buyers should be aware of rights reserved by others in the deed. Certain reservations of rights made by an original owner can continue to haunt a parcel of property through successive conveyances and multiple owners. In Louisiana, the language in a deed can create a personal servitude,…

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Court of Appeal Overturns “Strange” And Erroneous Ruling In Property Trespass Dispute

Property disputes can be complicated and confusing, so it is important to hire an excellent lawyer capable of untangling all of the issues involved in the case. Plaintiff Don Whitlock owns property in East Carroll Parish, Louisiana and brought a petition against Defendant Fifth Louisiana District Levee Board and its…

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When it Comes to Adverse Possession in Louisiana, Dot I’s, Cross T’s

Many Americans do not know that it is actually possible to legally acquire another person’s land without possessing fair title or good faith. Of course, specific guidelines must be followed, but with some will, knowledge, and close attention to detail, this process known as “adverse possession” can be surprisingly simple…

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Failure To File Lawsuit In Timely Manner Could Bar Recovery Of Damages

Imagine walking into your recently deceased parent’s home and discover that due to freezing temperature the pipes burst and there is water everywhere. You are shocked and angry because your parent’s beloved home is damaged significantly. Photographs and family memories that filled the home are now drowning in water. You…

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