State Ex Rel. Plaquemines Parish Sch. Bd. v. Plaquemines Parish Government

690 So. 2d 232, 96 La.App. 4 Cir. 0936, 137 Oil & Gas Rep. 306, 1997 La. App. LEXIS 349, 1997 WL 80941
CourtLouisiana Court of Appeal
DecidedFebruary 26, 1997
Docket96-CA-0936
StatusPublished
Cited by4 cases

This text of 690 So. 2d 232 (State Ex Rel. Plaquemines Parish Sch. Bd. v. Plaquemines Parish Government) 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
State Ex Rel. Plaquemines Parish Sch. Bd. v. Plaquemines Parish Government, 690 So. 2d 232, 96 La.App. 4 Cir. 0936, 137 Oil & Gas Rep. 306, 1997 La. App. LEXIS 349, 1997 WL 80941 (La. Ct. App. 1997).

Opinion

690 So.2d 232 (1997)

STATE of Louisiana ex rel. PLAQUEMINES PARISH SCHOOL BOARD
v.
PLAQUEMINES PARISH GOVERNMENT.

No. 96-CA-0936.

Court of Appeal of Louisiana, Fourth Circuit.

February 26, 1997.

*233 Mack E. Barham, Robert E. Arceneaux, Barham & Arceneaux, New Orleans, for Plaintiff/Appellant Plaquemines Parish School Board.

Stephen C. Braud, L. V. Cooley, IV, Belle Chasse, for Defendant/Appellant Plaquemines Parish Government.

Before BYRNES, ARMSTRONG and JONES, JJ.

ARMSTRONG, Judge.

This is a land title dispute case. What is ultimately at issue is the oil and gas revenues from certain lands located in Plaquemines Parish. The Plaquemines Parish Government has possession of the lands. The Plaquemines Parish School Board alleges that the lands are subject to a trust for schools in favor of the School Board. More particularly, the School Board alleges that the land consists of certain Sixteenth Sections that were reserved by federal law for the benefit of schools at the time that various lands were transferred from the United States to Louisiana.[1] The Parish Government contends that the lands at issue are "sovereignty lands" (i.e. lands which were either water bottoms underlying navigable waters or lands affected by the ebb and flow of the tides when Louisiana was admitted to the Union as a state in 1812) which Louisiana acquired directly as a result of its admission as a state of the United States rather than as a result of transfer from the United States, so the lands are not subject to the school trust. The School Board replies that the school trust applies even to sovereignty lands.

The trial court found that eight of the thirteen Sixteenth Sections at issue are not sovereignty lands, and so are subject to the school trust, and that the other five Sixteenth Sections at issue are sovereignty lands and so are not subject to the school trust. Because we find that the legal issue of whether sovereignty lands are subject to the school trust has been decided in favor of the Parish Government in a previous appeal in this same case, and because we find that the trial court was not clearly wrong or manifestly erroneous in its determination of whether each of the Sixteenth Sections at issue was or was not navigable waterbottom or subject to the ebb and flow of the tide in 1812 (i.e. whether each is sovereignty land or not), we affirm the judgment below.

Procedural History and Prior Decisions in This Case

The trial court originally rendered a December 26, 1990 judgment in which it granted summary judgment in favor of the School Board. In its December 26, 1990 Reasons for Judgment, the trial court held that it was of no consequence whether the lands at issue are sovereignty lands because sovereignty lands, as well as other lands, are subject to the school trust.

On May 20, 1991, the trial court, through a new judge assigned to the case, granted a rehearing and vacated the December 26, 1990 summary judgment. In its May 20, 1991 Reasons for Judgment, the trial court, among other things, expressed concern as to whether sovereignty lands are subject to the school trust.

*234 This Court considered the trial court's vacating of the summary judgment on a writ application brought by the School Board in State, Plaquemines Parish School Board v. Plaquemines Parish Government, 593 So.2d 958 (La.App. 4th Cir.), writ denied, 600 So.2d 638 (La.1992), 605 So.2d 1085 (La.1992) (hereinafter Plaquemines I). We held that sovereignty lands are not subject to the school trust:

In Terrebonne Parish School Board v. Texaco, Inc., 178 So.2d 428 (La.App. 1st Cir.1965), writ denied 248 La. 465, 179 So.2d 640, cert den. 384 U.S. 950, 86 S.Ct. 1568, 16 L.Ed.2d 546, the court provided an interesting historical review of the reservation of sixteenth sections for school purposes. After finding that the sixteenth section involved was a navigable waterbottom the court concluded that title passed to the State of Louisiana. Relator argues that the case does not support respondent's position and that the case held only that the school trust did not attach to sixteenth sections until they were surveyed. As we read the case the court held that in the case where there is some high land within a sixteenth section which otherwise consists of navigable waterbottoms a survey would be necessary before any claims for indemnity land for this section could be allowed. But, the claim would extend only to the high land portion, not to the waterbottoms.
While relator makes excellent arguments to avoid the holding of the Terrebonne Parish School Board case regarding waterbottoms in the sixteenth sections it clearly recognizes that the case is adverse to its position and would have this court decline to follow it. Relator also argues that Coastal States Gas Producing Company v. State Mineral Board, 199 So.2d 554 (La.App. 3rd Cir.1967), does not support respondent's position. This argument flies in the face of the following statement from the case which was written by the late, Judge Tate:
....therefore, the water beds owned by the state by virtue of its inherent sovereignty are not included within the conveyed property described as "schoollands", at least in the absence of strong indicia to the contrary. State v. Bayou Johnson Oyster Co., 130 La. 604, 58 So. 405, 409-0410 (1912) (excluding water beds from the sale of "swamp and overflowed land"). The navigable water bottoms within a school land section are not included within school lands granted to the State. See Terrebonne Parish School Board v. Texaco, Inc., La.App. 1 Cir., 178 So.2d 428, certiorari denied 248 La. 465, 179 So.2d 640.
In conclusion, we join the first and third circuits in holding that navigable waterbottoms in sixteenth sections are not dedicated for school purposes.

593 So.2d at 960.

The Supreme Court, in denying writs from that decision of this Court, stated that: "Relator [the School Board] may re-raise the issue on appeal after judgment on the merits". 600 So.2d 638.

On remand, the trial court, in an August 16, 1993 judgment, held, among other things, that all of the Sixteenth Sections at issue are subject to the school trust. In its August 16, 1993 Reasons for Judgment, the trial court reasoned that even sovereignty lands are subject to the school trust. The Parish Government appealed that decision to this Court.

This Court, in opinions on original hearing and on partial rehearing, again held that sovereignty lands are not subject to the school trust. State, ex rel. Plaquemines Parish School Board v. Plaquemines Parish Government, No. 93-CA-2339 (La.App. 4th Cir. 12/15/94 and 4/7/95), 652 So.2d 1, writ denied, (La.6/23/95), 656 So.2d 1015 (hereinafter Plaquemines II). Specifically, on original hearing, we held:

Those lands that were not beds of navigable waters on April 30, 1812 and were surveyed as 16th Section lands are subject to the school trust. The Plaquemines Parish School Board is entitled to all revenue from these lands from the date suit was filed.
Those lands that were beds of navigable waters on April 30, 1812 form no part of the 16th Section in which they are located (or would be located if the 16th Section was a surveyed whole Section), and are *235 sovereignty lands not impressed with the school trust.

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690 So. 2d 232, 96 La.App. 4 Cir. 0936, 137 Oil & Gas Rep. 306, 1997 La. App. LEXIS 349, 1997 WL 80941, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-plaquemines-parish-sch-bd-v-plaquemines-parish-government-lactapp-1997.