• Skip to content
  • Skip to primary sidebar

liskow_lewis_white_new

future-focused

  • Team
  • Practices
  • Insights
  • Perspectives
Blogs

Expropriated Servitudes: They Aren’t Going Away Anytime Soon

11.21.16 | 2 minute read

Practices

  • Litigation

The Third Circuit recently released an unpublished opinion making clear that when a pipeline company expropriates a servitude, the servitude is “perpetual,” and a Court cannot impose a term on that servitude.  The Third Circuit also held that a landowner must prove any damages over and above the fair market value of the property, and cannot award an additional amount simply because the landowner is upset that the property is being expropriated.

Enterprise TE Products Pipeline Co., LLC (“Enterprise”) successfully negotiated with a number of landowners and established conventional servitudes, i.e. servitudes by contract, over a specific tract of land.  Enterprise filed suit against the remaining landowners seeking to exercise its right to expropriate both a temporary and a perpetual servitude under the law.  The trial court found that Enterprise satisfied its burden in both demonstrating that it had the right to expropriate and establishing, through expert testimony, the value of the servitude sought.  Nevertheless, the trial court granted a servitude with a term of ninety-nine years, as opposed to the perpetual servitude Enterprise sought.  Further, the trial court awarded compensation that was higher than that established by expert testimony at trial.  Enterprise filed an appeal to the Third Circuit as to both matters.

Earlier this month the Third Circuit issued its opinion in Enterprise’s favor.  First, the Court considered whether a servitude granted in an expropriation judgment can be subject to a term.  The Court reaffirmed the understanding that an expropriated servitude is a legal servitude, as opposed to a natural or contractual servitude.  A legal servitude is subject only to the terms and conditions in the Louisiana Civil Code, including the provisions for extinguishing a servitude (ten years of nonuse).  Therefore, the Court expressly held that an expropriated servitude cannot be subject to a term. This has been the understanding for some time with respect to expropriated servitudes.  With the Third Circuit’s opinion, this understanding is now express.

Next, the Court reaffirmed the established rule that damages awarded to expropriation defendants, over and above the value of the property, must be supported by evidence in the record.  Such a damage award cannot simply be an arbitrary award by the Court, and cannot be based on the fact that the landowners, in the words of the Third Circuit, “simply do not like it that the law allows a servitude to be expropriated.” The trial court’s award that exceeded the established value of the property, without any supporting evidence of damages, was manifestly erroneous.

The Third Circuit decision provides clear authority for these two principles that generally have been followed by Courts for decades.  Even though the Court did not designate the opinion for publication, under Article 2168 of the Louisiana Code of Civil Procedure, unpublished opinions may be cited as authority.

Disclaimer: This Blog/Web Site is made available by the law firm of Liskow & Lewis, APLC (“Liskow & Lewis”) and the individual Liskow & Lewis lawyers posting to this site for educational purposes and to give you general information and a general understanding of the law only, not to provide specific legal advice as to an identified problem or issue.  By using this blog site you understand and acknowledge that there is no attorney client relationship formed between you and Liskow & Lewis and/or the individual Liskow & Lewis lawyers posting to this site by virtue of your using this site.  The Blog/Web Site should not be used as a substitute for legal advice from a licensed professional attorney in your state regarding a particular matter.

Primary Sidebar

Related Team

  • Media item displaying: Cheryl M. Kornick

    Cheryl M. Kornick

    Shareholder

    New Orleans
    504.556.4156504.556.4156
    995
Liskow & Lewis, APLC
Arrow Icon

future-focused

  • Baton Rouge
  • Houston
  • Lafayette
  • New Orleans
  • New York City
  • © 2026 Liskow & Lewis, APLC
  • Sitemap
  • Disclaimer
  • Employee Login
Site by
We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept All”, you consent to the use of ALL the cookies. However, you may visit "Cookie Settings" to provide a controlled consent.
Cookie SettingsAccept All
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
CookieDurationDescription
cookielawinfo-checkbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checkbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
SAVE & ACCEPT
  • Team
  • Practices
  • Insights
  • Perspectives
  • Offices
  • Pro Bono
  • About Us
  • Careers
  • DEI
  • The Energy Law Blog
  • Gulf Coast Business Law Blog
  • The Maritime Law Blog