EXPROPRIATION FOR ADDITIONAL PIPELINE WILL NOT EXTINGUISH RESIDUAL VALUE AND WILL NOT SUPPORT CLAIMS OF SEVERANCE OR AGRICULTURAL USE DAMAGES

HUMBLE PIPELINE COMPANY OPERATED A PIPELINE ACROSS DEFENDANT'S LAND PURSUANT TO A PREVIOUSLY ACQUIRED RIGHT- OF-WAY AND SOUGHT TO ADD AN ADDITIONAL ONE TEN FEET FROM IT. THE DEFENDANT CLAIMED COMPENSATION FOR EXTINCTION OF RESIDUAL VALUE OF LAND, SEVERANCE DAMAGES TO HIS REMAINING PROPERTY, AND AGRICULTURAL DAMAGES FOR CROP LOSS. THE COURT HELD AGAINST DEFENDANT ON ALL THREE CLAIMS. CONCERNING COMPENSATION FOR ACTUAL LOSSES, PAST DECISIONS RECOGNIZE THE THE PREDICTIVE ELEMENT IN DETERMINING HIGHEST AND BEST USE AND DO NOT ATTEMPT TO APPLY SUCH A DETERMINATION TO ACTUAL LOSS SITUATION SUCH AS DESTROYED CROPS. (HUMBLE PIPELINE CO. V. WILLIAM T. BURTON INDUSTRIES, INC., 205 SO. 2D 724 (LA. APP. 1968)).

  • Supplemental Notes:
    • No 89, pp 5-6
  • Publication Date: 1968-12

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  • Accession Number: 00238626
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Feb 10 1994 12:00AM