'Commandeering' Is A Type Of Taking, Subject To 3-Year Time Limit

Tuesday, November 13, 2018 2:22 am
November 2018 - Volume 46 Number 11

A landowner could not recover compensation for the loss of his property to “commandeering” by the State of Louisiana because he missed the three-year prescriptive period that limits compensation claims for all takings, including commandeering.

Facts: Following Hurricane Katrina, the State of Louisiana “commandeered” property belonging to Frank LaBruzzo by an executive order on February 10, 2006. The State used LaBruzzo’s property to repair a levee and floodwall and to build a canal. LaBruzzo has not been able to access or use his property since the construction project began on February 13, 2006. Nor has he been compensated for this loss. In May 2013, LaBruzzo sued the State, alleging that the State “took or commandeered” his property. The trial court granted judgment to the State because LaBruzzo’s claim had expired.

LaBruzzo appealed to the Court of Appeal of Louisi[..]