LaSalle Properties, Inc. v. Louisiana Power & Light Co.

391 So. 2d 574
CourtLouisiana Court of Appeal
DecidedNovember 12, 1980
DocketNo. 11535
StatusPublished
Cited by2 cases

This text of 391 So. 2d 574 (LaSalle Properties, Inc. v. Louisiana Power & Light Co.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
LaSalle Properties, Inc. v. Louisiana Power & Light Co., 391 So. 2d 574 (La. Ct. App. 1980).

Opinion

BARRY, Judge.

This dispute arises out of an act of sale in 1952 wherein Illinois Central Railroad (ICRR) sold several parcels of land and created two servitudes. The servitudes were in favor of Louisiana Power and Light Company (LP&L) for a transmission line and to enter and cut trees and shrubs on each side of the power line. The property, situated in Jefferson Parish, was subsequently conveyed to plaintiff-appellee, La-Salle Properties, Inc. (LaSalle), a subsidiary of ICRR.

LP&L’s two servitudes cover (1) a thirty foot wide strip of land (fifteen feet on each side of the transmission line) reserved for “the construction, maintenance, repair and renewal of a power transmission line” together with (2) “the right to enter upon and cut trees and shrubs” on thirty-five feet on each side of the thirty foot center strip.

[575]*575

There is no dispute that LaSalle acquired title subject to the two servitudes granted to LP&L, nor that LaSalle has all of the rights reserved by the original grantor.

After describing the servitudes, paragraph (d) of the agreement states the following: “. . . reserving unto grantor, Illinois Central Railroad Company, the right to construct track or other facilities as in paragraph (i) hereof provided.”

Paragraph (i) provides:

“(i) The Grantor, Illinois Central Railroad Company, reserves unto itself the right not only to continue the presence and use of all tracks and other railroad operating facilitites now existing upon or beneath the surface of, or above, the above described premises, but also the right to install and operate additional railroad tracks and operating facilities upon and beneath the surface of and above the above described premises, and the Grant- or further reserves the right to grant to others permission to install underground pipes and conduits and other structures beneath the surface of said permises and overhead wires, cables and poles or other structures for the support thereof which may be presently or hereafter located thereon, provided that the installations aforesaid may be made without interference with the use of said permises as herein provided, and that the installations aforesaid may be made without creating a hazardous condition.”

After acquiring title in 1976, LaSalle proposed to use and develop the property subject to the servitudes; however, LP&L advised LaSalle that such action would constitute an interference and create a hazard to the operation of its transmission line.

LaSalle then filed suit seeking a declaratory judgment recognizing its right to use and develop the thirty-five foot area on each side of the thirty foot center strip servitude, and limiting LP&L’s rights thereon to cutting trees and shrubs.

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Related

Tusson v. Hero Land Co.
446 So. 2d 346 (Louisiana Court of Appeal, 1984)
La Salle Properties, Inc. v. Louisiana Power & Light Co.
396 So. 2d 931 (Supreme Court of Louisiana, 1981)

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Bluebook (online)
391 So. 2d 574, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lasalle-properties-inc-v-louisiana-power-light-co-lactapp-1980.