State of Louisiana, Coastal Protection and Restoration Authority Versus Ernest Henry Amann, Tirza Mastainich Burghoffer, Scott A. Mastainich, Daron M. Mastainich, and Succession of Erna Amann Theriot ( 2023 )

STATE OF LOUISIANA, NO. 23-C-547
COASTAL PROTECTION AND FIFTH CIRCUIT
RESTORATION AUTHORITY COURT OF APPEAL
VERSUS STATE OF LOUISIANA
ERNEST HENRY AMANN, ET AL
December 04, 2023
Susan Buchholz
Chief Deputy Clerk
IN RE STATE OF LOUISIANA, COASTAL PROTECTION & RESTORATION AUTHORITY
APPLYING FOR SUPERVISORY WRIT FROM THE FORTIETH JUDICIAL DISTRICT COURT,
PARISH OF ST JOHN THE BAPTIST, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE
VERCELL FIFFIE, DIVISION "A", NUMBER 80,829
Panel composed of Judges Fredericka Homberg Wicker,
John J. Molaison, Jr., and Scott U. Schlegel
WRIT GRANTED; JUDGMENT VACATED
In this writ application, plaintiff, State of Louisiana, Coastal Protection and
Restoration Authority (“CPRA”), seeks review of the trial court’s denial of its
request to issue an order of expropriation in accordance with the quick-take
expropriation procedures provided in La. R.S. 19:141, et. seq. CPRA seeks to
expropriate various properties in St. John the Baptist Parish for the purpose of
reducing land loss by means of the construction of the Mississippi River
Reintroduction into Maurepas Swamp Project (“Maurepas Swamp Project”). For
reasons stated more fully below, we grant CPRA’s writ application, vacate the trial
court’s judgment, and remand for the trial court to enter an order of expropriation
in accordance with La. R.S. 19:144.
On November 8, 2023, this Court granted CPRA’s prior writ application and
ordered the trial court to take action on CPRA’s pending petition for expropriation
in this matter. State of Louisiana, Coastal Protection and Restoration Authority v.
Hon. Vercell Fiffie, 23-516 (La. App. 5 Cir. 11/8/23), 2023 WL 7381469. On
November 12, 2023, the trial court entered a judgment denying CPRA’s request to
enter the order of expropriation stating that CPRA failed to comply with statutory
requirements based on the following reasons:
Specifically, reviewing the petition and document(s) attached thereto
and noting that per Louisiana Revised Statute 38:354 and Louisiana
Revised Statute 38:351, the mandatory language therein, this courts
(sic) review of the current record notes that the mandatory shall
language regarding expropriation requiring, [a] certified copy of a
resolution adopted by the governing authority of the levee district or
levee and drainage district, with the concurrence of not less than two-
thirds of a quorum, declaring that the expropriation is necessary or
useful for the purposes . . ., has not been complied with.
In its writ application, CPRA argues that the trial court erred as a matter of
law because its petition for expropriation seeks to acquire property pursuant to the
quick-take procedures set forth in La. R.S. 19:141, et. seq., rather than La. R.S.
38:351, et. seq. as cited in the trial court’s November 12, 2023 judgment. CPRA
explains in its petition and writ application that it is the successor in interest to the
expropriation powers of the former State of Louisiana Department of Public Works
for all integrated coastal protection projects in the coastal zone.1 Therefore, it
alleges that it is authorized to expropriate immovable property pursuant to La. R.S.
19:141, et. seq.2
CPRA contends that its petition for expropriation contains the allegations
and annexes the documents required by La. R.S. 19:2.1 and La. R.S. 19:142.
1
CPRA further alleges that the Maurepas Swamp Project falls within the coastal zone.
2
La. R.S. 19:141 provides:
In any suit for the expropriation of property, including the fee simple title and servitudes, all port
commissions and port authorities created by the constitution or statutes of Louisiana; Louisiana
State University and Agricultural and Mechanical College; the Department of Public Works, State
of Louisiana and the Sabine River Authority, State of Louisiana, may acquire the property prior to
judgment in the trial court in the manner provided in this Part.
Further, La. R.S. 19:144 provides that once a party presents a petition for
expropriation, the trial court shall issue an order of expropriation as follows:
The petition shall conclude with a prayer that the property and/or
servitude be declared taken for public purposes and, upon
presentation of the petition, the court shall issue an order directing
that the amount of the estimate be deposited in the registry of the
court and declaring that the property described in the petition has been
taken for public purposes at the time of the deposit. [Emphasis added.]
Based on the foregoing, we find that the trial court erred by denying CPRA’s
request for an order of expropriation in accordance with La. R.S. 19:144.
Accordingly, we grant the writ application, vacate the November 12, 2023
judgment, and remand to the trial court to enter an order expropriation in
accordance with La. R.S. 19:144 prior to December 8, 2023.
Gretna, Louisiana, this 4th day of December, 2023.
SUS
FHW
JJM
SUSAN M. CHEHARDY CURTIS B. PURSELL
CHIEF JUDGE CLERK OF COURT
SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
ROBERT A. CHAISSON LINDA M. WISEMAN
STEPHEN J. WINDHORST
FIRST DEPUTY CLERK
JOHN J. MOLAISON, JR.
SCOTT U. SCHLEGEL FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
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GRETNA, LOUISIANA 70054 (504) 376-1400
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23-C-547
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40th District Court (Clerk)
Honorable Vercell Fiffie (DISTRICT JUDGE)
D. Stephen Brouillette, Jr. (Relator) James L. Bradford, III (Relator)
Vercell Fiffie (Respondent)
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David A. Peterson (Relator) Eliana Defrancesch (Respondent) Goldie Rainey (Respondent)
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Attorney at Law 40th Judicial District Court 40th Judicial District Court, Division A
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