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96-C-1796 C/W 96-C-1820
State: Louisiana
Court: Supreme Court
Docket No: 96-C-1796
Case Date: 01/01/1997
Preview:SUPREME COURT OF LOUISIANA
NO. 96-C-1796 C/W 96-C-1820 STATE OF LOUISIANA DEPARTMENT OF TRANSPORTATION & DEVELOPMENT versus ALFRED SCRAMUZZA, ET AL. ON WRITS OF CERTIORARI FIFTH CIRCUIT COURT OF APPEAL VICTORY, J.* We granted writs of certiorari in this case to determine whether La. R.S. 48:701 requires a formal revocation of statutorily dedicated streets or whether the streets revert to the adjoining landowners upon mere abandonment by the parish. After review, we find that formal revocation is necessary before the streets revert to the adjoining landowners. FACTS AND PROCEDURAL HISTORY In 1988, the State of Louisiana, through the Department of Transportation and Development (the "DOTD"), expropriated eleven parcels of land in St. Charles Parish for construction of a highway interchange at Airline Highway and Interstate 310. The expropriated property consisted of "paper" subdivisions in two platted and recorded business park subdivisions north of Airline Highway which were approved by St. Charles Parish but never developed. The subdivisions contained a network of streets statutorily dedicated to St. Charles Parish. Neither the streets nor the subdivisions were ever constructed. The defendants in these expropriation suits are the property owners of the expropriated land.1

*

Marcus, J., not on panel. Rule IV, Part 2,
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