Louisiana Supreme Court Decides St. Bernard Port, Harbor v. Violet Dock Port, Inc.

On January 30, 2018  a unanimous Louisiana Supreme Court found that Violet Dock Port, after a 7-year courageous battle, was not accorded just compensation for the taking of its private property and remanded the case back to the appellate court for such a determination. Unfortunately, divided by a 4-3 vote, the Court did not also find the taking of the property to be unconstitutional, given the landowner’s assertion that its’ property and the existing business was being acquired for the purpose of operating that business and turning it over to another private company. OCA member, Randall A. Smith, counsel for Violet Dock Port has indicated that his client will seek a rehearing on the constitutionality of the taking and will pursue all just compensation claims.

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