State Ex Rel. Guste v. BOARD OF COM'RS, ETC.

456 So. 2d 605
CourtSupreme Court of Louisiana
DecidedSeptember 10, 1984
Docket84-C-0312
StatusPublished
Cited by25 cases

This text of 456 So. 2d 605 (State Ex Rel. Guste v. BOARD OF COM'RS, ETC.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Ex Rel. Guste v. BOARD OF COM'RS, ETC., 456 So. 2d 605 (La. 1984).

Opinion

456 So.2d 605 (1984)

STATE of Louisiana ex rel. William J. GUSTE, Jr., Attorney General, The Department of Natural Resources and the State Mineral Board
v.
BOARD OF COMMISSIONERS OF the ORLEANS LEVEE DISTRICT.

No. 84-C-0312.

Supreme Court of Louisiana.

September 10, 1984.
Rehearing Denied October 4, 1984.

*607 William J. Guste, Jr., Atty. Gen., Gary L. Keyser, David C. Kimmel, Michael O. Hesse, Robert H. Carpenter, Asst. Attys. Gen., for applicants-plaintiffs.

Richard J. McGinity, Baldwin & Haspel, Wilson S. Shirley, Jr., Lawrence K. Benson, Jr., David N. Schell, Jr., Milling, Benson, Woodward, Hillyer, Pierson & Miller, New Orleans, for respondent-defendant.

DIXON, Chief Justice.

The State of Louisiana seeks a judgment declaring it the owner of those portions of the bed and bottom of Lake Pontchartrain situated in Orleans Parish which have not been reclaimed by projects of the Orleans Parish Levee Board. In addition, the state seeks a judgment declaring it the owner of mineral rights to those areas which have been reclaimed. The levee board answers and seeks a judgment declaring it the owner of all lands and lake bottoms within its jurisdiction. The levee board's jurisdiction (and the area in dispute in this case) is between the western boundary of Orleans Parish (West End) and the line separating Township 11 South, Range 12 East, from Township 11 South, Range 13 East (near Paris Road), out to a distance of three miles from the 1918 shoreline of Lake Pontchartrain.

The trial judge declared the state owner of those areas which had not been reclaimed by the board and recognized the state's mineral rights to such areas. He declared the board owner of the mineral rights to those areas which had been reclaimed and remain under control of the board. The Court of Appeal reversed and declared the levee board owner of the entire three mile area. 444 So.2d 1313 (La. App.1984). Upon application of the state, we granted writs. 446 So.2d 1217 (La. 1984). We reverse and reinstate the judgment of the trial court.

The parties have stipulated to the correctness of a map which is a part of the record. The map delineates the 1918 shoreline, the extent of the area reclaimed, and the areas of the lake which were dredged in order to create the fill used in the reclamation projects. These projects resulted in the creation of the lakefront area from West End to the Industrial Canal. The shoreline east of the Industrial Canal, except for the Lakefront Airport and Lincoln Beach, is the same as it was in 1918.

The source of the dispute lies in the language of the grant of authority from the state to the levee board over the three mile area. This authority began as an amendment to the 1913 Constitution which was approved by the people in 1916. See Acts 1916, No. 203. This amendment was then carried forward as Art. 16, § 7 of the 1921 Constitution. The levee board was given the power to "construct and maintain levees ... along, over and in the bed of Lake Pontchartrain at such distance from *608 the present shoreline ... not to exceed twenty-five hundred feet." La. Const. of 1921, Art. 16, § 7(a). The board was also given a right of way over any public land, including the bottom of the lake, which the board deemed necessary to carry out its purposes. La. Const. of 1921, Art. 16, § 7(b).

In 1922, the people adopted an amendment to this section. See Acts 1922, No. 106. The power of the board was enlarged to include construction of "seawalls, jetties, and other works," but the twenty-five hundred foot restriction was continued. La. Const. of 1921, Art. 16, § 7(a) (1922). In addition to the right of way over public land previously granted, the provision also granted the board title to all lands within any "levees, embankments, retaining walls and sea walls" constructed by the Board. La. Const. of 1921, Art. 16, § 7(b) (1922).

In 1928, the people again adopted an amendment to this section. The power of the board was expanded to include the right to locate and relocate improvements, to construct breakwaters and water basins, and to carry out dredging operations. Additionally, the territorial limits of the board's power to conduct such operations were enlarged to include an area three miles from the shoreline (as opposed to the previous twenty-five hundred foot limitation). La. Const. of 1921, Art. 16, § 7(a) (1928). The amendment gave the board title to public things "within the area of the said works of reclamation and improvement." Id. § 7(e). The language granting a right of way was removed, and the board was given title to all public property necessary for the board's purposes, to all lands reclaimed or filled in, and "in and to all lands lying within the territorial limits of said project." Id. § 7(h). The board was given the power to sell or lease any such lands reclaimed; however, the board and the state were prohibited from reclaiming any more land or constructing any other works beyond a "front line of development," once such a line was established by the board's reclamation activities. Id.

Pursuant to La. Const. Art. 14, § 16(A)(12) (1974), these provisions, renumbered in statutory form and with stylistic changes, were transferred to the Revised Statutes dealing with the Orleans Levee Board (R.S. 38:1231-48). See Acts 1975, No. 729. The former constitutional provisions were inserted as R.S. 38:1235.1 to 1235.3. The relevant provisions to this dispute are therefore contained today in the Revised Statutes and are subject to change by legislative action. (Words in brackets indicate language in the 1928 amendment).

Section 1235.1(A) provides:

"... The board shall have full and exclusive right, jurisdiction, power, and authority to locate, relocate, construct, maintain, extend, and improve levees, embankments, seawalls, jetties, breakwaters, water-basins, and other works in relation to [this project] such projects, and to conduct all dredging operations necessary in connection therewith or incidental thereto, along, over, and on the shores, bottom, and bed of Lake Pontchartrain in the parish of Orleans from its western boundary to the boundary line separating township 11 south, range 12 east, from township 11 south, range 13 east, at a distance not to exceed three miles from the present shore line, as the board may determine, ..."

Section 1235.1(F) provides:

"All property owned by the state or the title to which is in the name of the state, and all property which by its nature, situation, and location is not susceptible of private ownership under the present laws and constitution of the state, and within the area of the [said] works of reclamation and improvement, is specifically vested in the levee board."

Section 1235.2(A) (entitled "State land grants") provides:

"To enable the board to perform the work herein provided for, to assist in defraying the cost and expenses thereof, and to carry out the purposes of this and other laws, the state of Louisiana hereby grants and releases to the board the title of the state in and to all public property *609 necessary for the purposes hereof and all lands reclaimed or filled in within any levee embankments, slopes, retaining walls, seawalls, and breakwaters constructed hereunder and in and to all lands lying within the territorial limits of [said] a project...."

Section 1235.2(B) provides:

"... However, when the board has established and located the front line of the development in the bed of Lake Pontchartrain...

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of Louisiana v. Felton Thompson
Supreme Court of Louisiana, 2025
Crooks v. Department Of Natural Resources
263 So. 3d 540 (Louisiana Court of Appeal, 2018)
Orleans Parish School Board v. Pastoree
122 So. 3d 1106 (Louisiana Court of Appeal, 2013)
Retired State Employees Ass'n v. State
119 So. 3d 568 (Supreme Court of Louisiana, 2013)
Louisiana Federation of Teachers v. State
118 So. 3d 1033 (Supreme Court of Louisiana, 2013)
In re Office of Chief Justice, Louisiana Supreme Court
101 So. 3d 9 (Supreme Court of Louisiana, 2012)
Opinion
Louisiana Attorney General Reports, 2011
San Gerónimo Caribe Project, Inc. v. Estado Libre Asociado
174 P.R. 518 (Supreme Court of Puerto Rico, 2008)
Chrishon v. Marshall
994 So. 2d 585 (Louisiana Court of Appeal, 2008)
James Roy Chrishon v. Louis J. Marshall, Sr.
Louisiana Court of Appeal, 2008
East Baton Rouge Parish Sch. Bd. v. Foster
851 So. 2d 985 (Supreme Court of Louisiana, 2003)
Opinion Number
Louisiana Attorney General Reports, 2003
HAYNE BLVD. CAMPS PRESERVATION ASS'N v. Julich
143 F. Supp. 2d 628 (E.D. Louisiana, 2001)
Perschall v. State
697 So. 2d 240 (Supreme Court of Louisiana, 1997)
Succession of Lauga
624 So. 2d 1156 (Supreme Court of Louisiana, 1993)
Parish of Jefferson v. Bonnabel Properties, Inc.
620 So. 2d 1168 (Supreme Court of Louisiana, 1993)
Eiche v. Bd. of Elementary & Secondary Ed.
582 So. 2d 186 (Supreme Court of Louisiana, 1991)
Socorro v. City of New Orleans
579 So. 2d 931 (Supreme Court of Louisiana, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
456 So. 2d 605, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-guste-v-board-of-comrs-etc-la-1984.