PONDER, Justice.
This is a suit to set aside an expropriation by the Police Jury of the Parish of Jefferson of plaintiff’s property for a proposed road under the provisions of section 3369 et seq. of the Revised Statutes of Louisiana of 1870, LSA-R.S. 48:492 et seq., and for damages in the sum of $4,-526.49 sustained by the plaintiff as a result of the taking; in the alternative plaintiff asks that the amount of $2,000 awarded for the property by the Police Jury be increased to $15,000. From a judgment denying plaintiff’s demands as to the setting aside of the expropriation but allowing special damages in the amount of $1,625, the plaintiff has prosecuted this appeal.
On February 16, 1940, the plaintiff-appellant herein purchased a triangular portion of ground fronting Metairie Road ’in the Parish of Jefferson having a frontage of 204 feet front on Metairie Road, 193. feet, 1 inch front on 42nd Street, and 65 feet 1.1 inches on the third side of the triangle. During the summer of 1945 plaintiff corporation- (Charles Tolmas, Inc.)- decided to develop its property by constructing thereon certain commercial stores and in pursuance thereof had drawn- certain.plans and specifications. In the latter part of October 1945 appellant began the actual construction by removing the stumps, grading the property and digging• trenches to lay foundations necessary for the said build. On December 3, 1945 the Police Jury adopted Ordinance No. 904 under the provisions of Section 3369 et seq. of the Revised Statutes of Louisiana of 1870 authorizing a jury of freeholders to trace and lay out a road or roads at the dead-end of 42nd Street, Bonnabel Place, so as to connect same with Metairie Road and to further lay out an additional road to widen 42nd Street from the point of the triangle known as Square 105, to Metaire Road. On Tuesday, January 22, 1946, at midnight, the appellant received a letter from the defendant signed by Mr. Errol E. Buckner stating that the Jury of Freeholders would meet on the site of the property on Thursday, January 24, 1946, at 3:30 p. m. “to determine the amount of land to be acquired by the Parish, to enable it to re-direct 42nd Street.” This lette'r further read: “Inasmuch-as this project is expected to require some-of .the ground you own between 42nd Street and Metairie Road, you are advised that there will be a meeting * * On the morning of Wednesday, January 23, 1946, by special-delivery mail, appellant, replied to Mr.Buckner advising him of receipt of th&' letter of January 22nd, and stating that-, his (appellant’s) attorney, Mr. Louis Yar-[7]*7rut, was out of town and would return on Monday and asked postponement of the meeting of the Jury of Freeholders until that time. No reply was received by the appellant. On Thursday, January 24, 1946, the Jury of Freeholders met and approved a road as laid out by the Parish Engineer and placed a value thereon in the sum of $2,000. On Friday, January 25, 1946, the next day, the Police Jury met, without any notice being given to appellant, and adopted Ordinance No. 908 which approved and adopted the recommendations of the Jury of Freeholders expropriating all of plaintiff’s property. On the evening of Monday, January 28, 1946, at 8 o’clock, the appellant Charles Tolmas, president of plaintiff corporation, received an anonymous phone call telling him that the trenches that were dug on his property preparatory to pouring the concrete for the foundation which was scheduled to take place on the morning of January 29th, were filled in. Mr. Tolmas testified that he supposed vandals had done this damage and he had his son, an attorney, phone the sheriff and report the damage. On Tuesday, January 29, 1946, Mr. Tolmas received a phone call from his electrician telling him that the construction work on this ground was being levelled by two bulldozers and several tractors. Immediately Mr. C. Tolmas went to the scene with his wife and two sons and found that a deputy sheriff, who ordered him off of the property at gun-point, was supervising the demolition and levelling of the construction on orders of the Police Jury. At the time this occurred, there was a warehouse and toolhouse constructed on the property, the steel reinforcing rods were in place ready for the foundation to be laid, 43,-000 bricks were on the lot for the construction with wheelbarrows and tools and the forms were all in place ready for the pouring of the concrete that morning. The ground was completely levelled by the bulldozers and tractors and the tools and construction were ploughed under. The only publication of the adoption of Ordinances No. 904 and 908 appeared in the Jefferson Democrat on February 9, 1946, some eleven days after the physical taking of the property. On February 15, 1946 the Police Jury sent through the regular mails a letter addressed to the appellant informing it of the taking and enclosed a check for $2,-000. This check was promptly returned by the plaintiff-appellant and suit was filed to set aside the expropriation on March 1, 1946.
We are not impressed with the manner in which the Police Jury sought to expropriate this property and the speed and haste in which it was accomplished. It must be emphasized that the first and only notice given to appellant was on Tuesday, January 22, 1946, at midnight and this notice stated that a portion of the ground was sought to be expropriated and a meeting of the Jury of Freeholders would be held on [9]*9Thursday, January 24, 1946, at 3:30 p. m. The Police Jury met, without notice to the appellant on- Friday, January 25th and resolved by Ordinance 908 to take all of the property owned by appellant by expropriation. Without notice to the appellant, this body dispatched bulldozers and tractors to the property on January 28th and 29th to demolish the construction that had already been begun. Appellant contends that the taking was illegal and unconstitutional because he was not timely notified of the meeting of the Police Jury as well as the meeting of the Jury of Freeholders.
It is to be noted that in Revised Statutes, § 3369 et seq. no provision is made for notice to the landowner and opportunity to appear before the jury of freeholders concerning the laying out of a road. In the case of Police Jury of St. Martin Parish v. Kidder, 4 La.App. 296, it was held in regard to these sections of the Revised Statutes that the law on the subject intends that the owner must have timely notice since the Constitution in Article 1, Sections 2 and 6 — LSA guarantees this procedure. Although in the Kidder case the landowner received no notice whatsoever, the opinion points out that under the law not only must he be furnished notice of the meeting of the jury of freeholders but notice also of the meeting of the police jury for the reasons as stated by the court: “these sections of the Revised Statutes contemplate notice to the owner and opportunity for him to appear before the jury of freeholders concerning the course of the road and the damage to be paid on account of the same, before the right-of-way can be taken for the road. And as the police jury has power under the law to revise, correct or change the recommendations of the jury of freeholders, as to the course of the road, also as to the amount of damages which should be allowed on said account, the owner must have notice and opportunity to also appear before them at the time the report of the jury of freeholders is being considered and before acting thereon.” This pronouncement is logical and sound for it may well be that the recommendations of the jury of freeholders would be altered, changed, or entirely rejected. The Constitution, Articles 1, Sections 2 and 6 assures that the essential elements of due process of law are notice and an opportunity to be heard.
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PONDER, Justice.
This is a suit to set aside an expropriation by the Police Jury of the Parish of Jefferson of plaintiff’s property for a proposed road under the provisions of section 3369 et seq. of the Revised Statutes of Louisiana of 1870, LSA-R.S. 48:492 et seq., and for damages in the sum of $4,-526.49 sustained by the plaintiff as a result of the taking; in the alternative plaintiff asks that the amount of $2,000 awarded for the property by the Police Jury be increased to $15,000. From a judgment denying plaintiff’s demands as to the setting aside of the expropriation but allowing special damages in the amount of $1,625, the plaintiff has prosecuted this appeal.
On February 16, 1940, the plaintiff-appellant herein purchased a triangular portion of ground fronting Metairie Road ’in the Parish of Jefferson having a frontage of 204 feet front on Metairie Road, 193. feet, 1 inch front on 42nd Street, and 65 feet 1.1 inches on the third side of the triangle. During the summer of 1945 plaintiff corporation- (Charles Tolmas, Inc.)- decided to develop its property by constructing thereon certain commercial stores and in pursuance thereof had drawn- certain.plans and specifications. In the latter part of October 1945 appellant began the actual construction by removing the stumps, grading the property and digging• trenches to lay foundations necessary for the said build. On December 3, 1945 the Police Jury adopted Ordinance No. 904 under the provisions of Section 3369 et seq. of the Revised Statutes of Louisiana of 1870 authorizing a jury of freeholders to trace and lay out a road or roads at the dead-end of 42nd Street, Bonnabel Place, so as to connect same with Metairie Road and to further lay out an additional road to widen 42nd Street from the point of the triangle known as Square 105, to Metaire Road. On Tuesday, January 22, 1946, at midnight, the appellant received a letter from the defendant signed by Mr. Errol E. Buckner stating that the Jury of Freeholders would meet on the site of the property on Thursday, January 24, 1946, at 3:30 p. m. “to determine the amount of land to be acquired by the Parish, to enable it to re-direct 42nd Street.” This lette'r further read: “Inasmuch-as this project is expected to require some-of .the ground you own between 42nd Street and Metairie Road, you are advised that there will be a meeting * * On the morning of Wednesday, January 23, 1946, by special-delivery mail, appellant, replied to Mr.Buckner advising him of receipt of th&' letter of January 22nd, and stating that-, his (appellant’s) attorney, Mr. Louis Yar-[7]*7rut, was out of town and would return on Monday and asked postponement of the meeting of the Jury of Freeholders until that time. No reply was received by the appellant. On Thursday, January 24, 1946, the Jury of Freeholders met and approved a road as laid out by the Parish Engineer and placed a value thereon in the sum of $2,000. On Friday, January 25, 1946, the next day, the Police Jury met, without any notice being given to appellant, and adopted Ordinance No. 908 which approved and adopted the recommendations of the Jury of Freeholders expropriating all of plaintiff’s property. On the evening of Monday, January 28, 1946, at 8 o’clock, the appellant Charles Tolmas, president of plaintiff corporation, received an anonymous phone call telling him that the trenches that were dug on his property preparatory to pouring the concrete for the foundation which was scheduled to take place on the morning of January 29th, were filled in. Mr. Tolmas testified that he supposed vandals had done this damage and he had his son, an attorney, phone the sheriff and report the damage. On Tuesday, January 29, 1946, Mr. Tolmas received a phone call from his electrician telling him that the construction work on this ground was being levelled by two bulldozers and several tractors. Immediately Mr. C. Tolmas went to the scene with his wife and two sons and found that a deputy sheriff, who ordered him off of the property at gun-point, was supervising the demolition and levelling of the construction on orders of the Police Jury. At the time this occurred, there was a warehouse and toolhouse constructed on the property, the steel reinforcing rods were in place ready for the foundation to be laid, 43,-000 bricks were on the lot for the construction with wheelbarrows and tools and the forms were all in place ready for the pouring of the concrete that morning. The ground was completely levelled by the bulldozers and tractors and the tools and construction were ploughed under. The only publication of the adoption of Ordinances No. 904 and 908 appeared in the Jefferson Democrat on February 9, 1946, some eleven days after the physical taking of the property. On February 15, 1946 the Police Jury sent through the regular mails a letter addressed to the appellant informing it of the taking and enclosed a check for $2,-000. This check was promptly returned by the plaintiff-appellant and suit was filed to set aside the expropriation on March 1, 1946.
We are not impressed with the manner in which the Police Jury sought to expropriate this property and the speed and haste in which it was accomplished. It must be emphasized that the first and only notice given to appellant was on Tuesday, January 22, 1946, at midnight and this notice stated that a portion of the ground was sought to be expropriated and a meeting of the Jury of Freeholders would be held on [9]*9Thursday, January 24, 1946, at 3:30 p. m. The Police Jury met, without notice to the appellant on- Friday, January 25th and resolved by Ordinance 908 to take all of the property owned by appellant by expropriation. Without notice to the appellant, this body dispatched bulldozers and tractors to the property on January 28th and 29th to demolish the construction that had already been begun. Appellant contends that the taking was illegal and unconstitutional because he was not timely notified of the meeting of the Police Jury as well as the meeting of the Jury of Freeholders.
It is to be noted that in Revised Statutes, § 3369 et seq. no provision is made for notice to the landowner and opportunity to appear before the jury of freeholders concerning the laying out of a road. In the case of Police Jury of St. Martin Parish v. Kidder, 4 La.App. 296, it was held in regard to these sections of the Revised Statutes that the law on the subject intends that the owner must have timely notice since the Constitution in Article 1, Sections 2 and 6 — LSA guarantees this procedure. Although in the Kidder case the landowner received no notice whatsoever, the opinion points out that under the law not only must he be furnished notice of the meeting of the jury of freeholders but notice also of the meeting of the police jury for the reasons as stated by the court: “these sections of the Revised Statutes contemplate notice to the owner and opportunity for him to appear before the jury of freeholders concerning the course of the road and the damage to be paid on account of the same, before the right-of-way can be taken for the road. And as the police jury has power under the law to revise, correct or change the recommendations of the jury of freeholders, as to the course of the road, also as to the amount of damages which should be allowed on said account, the owner must have notice and opportunity to also appear before them at the time the report of the jury of freeholders is being considered and before acting thereon.” This pronouncement is logical and sound for it may well be that the recommendations of the jury of freeholders would be altered, changed, or entirely rejected. The Constitution, Articles 1, Sections 2 and 6 assures that the essential elements of due process of law are notice and an opportunity to be heard. It is basic law that the essential elements of due process of law are notice and an opportunity to be heard and to defend in an orderly proceeding adapted to the nature of the case. 12 Am.Jur., Constitutional Law, sec. 573, pp, 267, 268; Mongogna v. O’Dwyer, 204 La. 1030, 16 So.2d 829, 152 A.L.R. 162. The following language found in Dupuy v. Tedora, 204 La. 560, 573, 15 So.2d 886, 890, is pertinent herein, viz.:
“The ‘due process of law’ provision in the Constitution is designed to ex-[11]*11elude oppression and arbitrary power from every branch of the government.
‘ “Due process of law” in judicial proceedings, means a course of legal proceedings according to those rules and principles which have been established in our system of jurisprudence for the conduct and enforcement of private rights.’ See Due Process of Law, in 13 Words & Phrases, Perm. Ed., p. 584. It means that no person shall be deprived of life, liberty, property, or of any right granted him by statute, unless the matter involved shall first have been adjudicated against him upon trial conducted according to established rules regulating judicial proceedings. It forbids condemnation without a hearing.”
The appellee contends that the notice of January 22, 1946 was sufficient. In this we cannot agree. The testimony in the record shows' that some members of the jury testified that they were under the impression that the letter of January 23, 1946, written by Mr. Charles Tolmas to Mr. Buckner asking for a postponement, was answered and had they known that it was not answered they may not have proceeded in such haste. Mr. Holtgreve was not called to testify although it is alleged that he had several conversations with Mr. Tolmas. Mr. Buckner likéwise was not called to testify and -although defendant’s counsel stated in argument that every effort was made to locate him this seems highly improbable in view of the fact that this case was in litigation and set for trial on many occasions over a period of ten years. Mr. Charles Tolmas denied receiving any other notice or communication whatsoever and neither Mr. Holtgreve nor Mr. Buckner, whom-the jurors testified they instructed to answer Mr. Tolmas, were produced as witnesses to rebut this damaging testimony. It is worthy of note that in the case of Police Jury of Parish of St. James v. Borne, 198 La. 959, 5 So.2d 301 (although the decision is not in point herewith) that two notices were given the landowner, one to attend the meeting of the Jury of Freeholders, and one to appear before the meeting of the Police Jury. We think this in line with the intendment of the law.
Another reason advanced by appellant, that the taking is unconstitutional, null and void, and of equal importance as the lack of notice, is the allegation that-there was no payment prior to the taking in plain violation of Article 1, Section 2 of the Constitution of 1921. This section of the Constitution provides: “No person shall be deprived of life, liberty or property, except by due process of law. Except as otherwise provided in this Constitution, private property shall no.t be taken or damaged .except' for public purposes and after just and adequate compensation is paid.’’ ’(Italics mine.) Article 2629 of the LSA-Civil [13]*13Code also provides: “This price ought to be paid to the owner before the .expropriation, that is to say, before he has delivered the possession, or it has been finally taken from him, in case of resistance.” Article 2634 of the LSA-Civil Code provides that the value of the property shall be deposited with the sheriff, before the property can be taken.
In the case of Bickham v. City of Shreveport, 156 La. 648, 651, 101 So. 8, 9, cited and relied upon by appellant, this Court stated:
“The fact that the city has the right to expropriate the property, or that property which might have been expropriated cannot be recovered if once taken (the owner being then restricted to a claim for its value), does not legalise such a taking thereof against the will of the owner. Under the Constitution of this state property expropriated must be paid for in advance of the taking. Const.1921, art. 1, § 2; Const.1898, art. 167. The taking of property for levee purposes is the only exception to this rule. Const.1921, art. 16, § 6, p. 115.”
This same ruling was reiterated in De Bouchel v. Louisiana Highway Commission, 172 La. 908, 135 So. 914. In State ex rel. Cotting v. Sommerville, 104 La. 74, 28 So. 977, 982, relying on the provisions of Article 167 of the Constitution of 1898, this Court declared, “that ‘private property shall not'be taken or damaged for public purposes without just and adequate compensation being first paid.’ * * * A court is bound to assume that the deprivation of a right secured to a person by constitutional guaranty works him per se an irreparable injury.” Many years ago in the case of Police Jury of Jefferson v. D’Hemecourt, 7 Rob. 509 it was held by this Court that Arts. 489, 2604-2611 of the Civil Code prescribing the mode of expropriation, and forbidding it without indemnity to the' owner, ■ have a constitutional sanction, and cannot be violated by parochial or state legislation.
The record herein shows that the Police Jury on January 25, 1946 met and adopted an ordinance to expropriate this property and set the damages at $2,000. On January 28th and January 29, 1946 the Police Jury took actualj physical possession with resistance from the owner, appellant herein. No payment was made until February 15, 1946 when a check was s'ent through the regular mails to appellant, which was promptly returned. It must, therefore, be concluded that the constitutional provision set out in Article 1, Section 2 of the Constitution of 1921 has not been complied with and the taking is therefore illegal, null and void and must be set aside.
It is the settled rule of this Court that proceedings .for the expropriation of [15]*15private property for public use are in derogation of common rights and all the formalities prescribed by law must be strictly observed. Mayor, etc., of City of Jefferson v. Delachaise, 22 La.Ann. 26; Calcasieu & S. Ry. Co. v. Witte, 224 La. 1091, 71 So. 2d 854.
After reading the record in this case it does not appear that there was any necessity for the taking or that the property has ever been used for the purpose for which it was supposedly taken. However, it is not necessary to pass on this point in view of our conclusions set forth above.
For the reasons assigned, the judgment of the lower court is reversed and set aside; the expropriation proceedings are annulled and set aside and the plaintiff, Charles Tolmas, Inc., is decreed to be the owner of the following described property: A certain triangular portion of ground situated in the Parish of Jefferson, State of Louisiana, being the Northwest corner of original Square No. 105 in the Town of Bath, which said triangular piece or portion of ground measures 204' front on Metairie Road, 193'1" front on Street coming to a point on one side with Metairie Road and 65T1" on the other side line dividing it partly from property now or formerly of R. C. Lawes, the whole as per sketch of survey made by C. A. Roberts, Civil Engineer and Surveyor, dated November 12, 1923, a blue print of which is annexed to an act passed before Bus Rouen, Notary Public, dated December 20, 1923. All legal costs to be paid by the defendant.
McCALEB, J., dissents and will assign written reasons.
SIMON, J., dissents.
FOURNET, C. J., absent.