OCA Member Randy Smith Wins Lack of Necessity Challenge For Property Owner in Detention Pond Project

In Lafayette City-Parish vs. Bendel Partnership, the Court of Appeals for the Third Circuit in Louisiana ruled in favor of OCA Member Randy Smith, when it sided with his client that LCP lacked the prerequisite necessity to take the property by eminent domain for a detention pond project. Agreeing with the trial court’s findings based on an extensive evidentiary hearing, the Court ruled that the Parish had acted arbitrarily, capriciously, or in bad faith in its’ decision to take the property. In the case, the property owner had claimed that the property was not being taking for a valid public purpose and more property than was needed for the project was being taken. The court also ruled that the property owner’s reservation of an attorney fee claim against LCP was properly preserved. The Institute for Justice filed an Amicus Brief in the case in support of the property owner. For a full reading of the decision and the facts upon which the decision was based click here.

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