170 So. 2d 5 - State v. Baddock’s Empirical Analysis

Citation profile

17 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"However, should the Department seek at the trial any determination of just and adequate compensation, whether for the land taken or severance damages, lower than the estimate contained in its initial petition, it is incumbent upon the Department to so notify the defendant by filing an amended pleading setting forth this revised sum and give satisfactory reasons therefor at the trial. An amendment of this nature appears to be permitted within the liberal terms of Articles 1154 and 1151 LSA-C.C.P. The procedure suggested appears to accord with the provisions of LSA-R.S. 48:442(4), (which section prescribes the content of the petition to be filed by the Department) and with the obligation imposed on the landowner in State v. Hyland, La.App., 148 So.2d 886 , 888 to the effect the defendant, in order to claim an amount in excess of the deposit must file an answer expressly asserting his right to an amount over and above that deposited by the Department."”

   2 later decisions quote this exact passage · from the majority
   e.g. 219 So. 2d 602 - State, Department of Highways v. Hunt · 197 So. 2d 83 - State, Dept. of Highways v. Christ Baptist Church

2. ““When the owner, who is the defendant in such a suit, claims that the value is in excess of the estimate, he, the defendant, as a result of LSA-R.S. 48:452, has the burden of proving his claim. He must produce convincing evidence that the value is in excess of that shown in the estimate on which the Department of Highways has made the deposit.””

   1 later decision quote this exact passage · from the majority
   e.g. State ex rel. Department of Highways v. Bassemier

3. ““If the compensation finally awarded is less than the amount so deposited, the court shall enter judgment in favor of the plaintiff and against the proper- parties for the amount of the excess.””

   1 later decision quote this exact passage · from the majority
   e.g. State ex rel. Department of Highways v. Hunt