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92 Tul. L. Rev. 931 (2017-2018)

handle is hein.journals/tulr92 and id is 979 raw text is: RECENT DEVELOPMENTS South Lafourche Levee District v. Jarreau: Reconsidering Gratuitous Compensation Under Louisiana's Riparian Servitude I. OVERVIEW .....................................931 II. BACKGROUND .......................................932 Ill. COURT'S DECISION ...............................936 IV. ANALYSIS ................................. .....939 I. OVERVIEW In South Lafourche Levee District v. Jarreau, the Louisiana Supreme Court confronted the res nova issue of how much money-if any-the state government owes a landowner whose property is seized for flood protection projects., In 2011, the South Lafourche Levee District (Levee District) appropriated land on the west bank of Bayou Lafourche to expand and upgrade an existing permanent levee servitude.2 Part of the appropriated area belonged to Chad M. Jarreau (Jarreau), who owned a parcel of land between a highway and a canal.3 Jarreau operated Bayou Construction, a dirt hauling and excavation company, on the appropriated portion.4 Following his rejection of the Levee District's tender of compensation and failure to comply with its order to cease and desist from any activity on the appropriated land, the Levee District filed suit against Jarreau, seeking to enjoin him from excavating dirt and to obtain damages for the 'wrongful' excavation.5 Jarreau and Bayou Construction filed a reconventional demand seeking compensation for the land, severance damages, economic and business losses, and attorney's fees.6 After the parties stipulated to a permanent injunction, the trial court awarded the Levee District damages for the excavation and awarded Jarreau and Bayou Construction compensation for the land, damages for economic losses, and certain legal costs.7 1. S. Lafourche Levee Dist. v. Jarreau, 2016-0788, pp. 1-2 (La. 3/31/17); 217 So. 3d 298, 301. 2. Id. at pp. 2-3; 217 So. 3d at 301-02. 3. Id. at p. 3; 217 So. 3d at 302. 4. Id. 5. Id. at pp. 3-4; 217 So. 3d at 302. 6. Id. at p. 4; 217 So. 3d at 302. 7. Id.; 217 So. 3d at 302-03. 931

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