Louisiana Statutes
§ 38:387 — Measure of compensation; burden of proof
Louisiana·Title 38 Public Contracts, Works and Improvements
A.The measure of compensation for the property expropriated is determined as of the time the estimated compensation was deposited into the registry of the court without considering any change in value caused by the proposed improvement for which the property is expropriated.
B.The measure of damages, if any, to the defendant's remaining property is determined on a basis of immediately before and immediately after the expropriation taking into consideration the effects of the completion of the project in the manner proposed or planned.
C.The owner shall be compensated to the full extent of his loss.
D.The levee district or levee and drainage district shall present its evidence of value first.
E.Reasonable attorney's fees may be awarded by the court if the amount of the compensation dep
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Related
West Jefferson Levee D. v. Coast Quality
640 So. 2d 1258 (Supreme Court of Louisiana, 1994)
STATE, DEPT. OF TRANSP. & DEV. v. Schwegmann Westside Expressway, Inc.
669 So. 2d 1172 (Supreme Court of Louisiana, 1996)
Olivier Plantation, L.L.C. v. Parish of St. Bernard
151 So. 3d 965 (Louisiana Court of Appeal, 2014)
West Jefferson Levee Dist. v. Coast Quality Const. Corp.
620 So. 2d 319 (Louisiana Court of Appeal, 1993)
Acadian Gas Pipeline System v. Bourgeois
890 So. 2d 634 (Louisiana Court of Appeal, 2004)
Legislative History
Acts 1985, No. 785, §1, eff. July 22, 1985.
Nearby Sections
15
§ 38:30
§ 38:30§ 38:3000
§ 38:3000§ 38:3002
Powers§ 38:3003
Board of commissioners created§ 38:3005
Oaths§ 38:3007
Powers of board§ 38:3008
Rules and regulations§ 38:301.2
§ 38:301.2