794 So. 2d 68 - Davis v. Culpepper’s Empirical Analysis

Citation profile

1 federal appellate · 13 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A]s noted by the supreme court in Rockholt v. Keaty, 256 La. 629 , 237 So.2d 663 (1970), the owner of an enclosed estate does not have discretion to choose which estate should be burdened with a legal right of passage. A two-step analysis is required by article 692, former article 700. First to be determined is which estate owes the servitude of passage. Vermilion Parish School Board v. Broussard, 263 La. 1104 , 270 So.2d 523 (1972); Rockholt, supra; Roberson v. Reese, 376 So.2d 1287 (La.App. 2d Cir.1979), citing A.N. Yiannopoulas, Enclosed Estates: Louisiana and Comparative Law, 23 Loy. L.Rev. 343, 367 (1977). Only then should the courts engage in a balancing test to determine where on the servient estate the passage should be located. Mitcham v. Birdsong, 573 So.2d 1294 (La.App. 2d Cir.1991); Roberson, supra; C. Sherburne Sentell, III, Comment, Fixing the Right of Passage from an Enclosed Estate: Deciding Where to Break Out Using Louisiana Civil Code Article 692, 54 La. L.Rev. 1659, 1670 (1994). The general rule of La. C.C. art. 692 is that the estate providing the shortest route to the nearest public road must provide the right of passage. Roberson, supra; Mitcham, supra; Morgan v. Culpepper, 324 So.2d 598 (La.App. 2d Cir.1975), writs denied, 326 So.2d 377 , 378 (La.1976). As recognized by the legislature in its use of the word “generally” in the article 692, there are situations that allow the servitude of passage to be imposed on an estate that does not provide the shor”

   3 later decisions quote this exact passage
   e.g. 86 So. 3d 95 - LDK Investments, LLC v. Amons · 941 So. 2d 661 - May v. Miller

2. “The owner of the enclosed estate may not demand the right of passage anywhere he chooses. The passage generally shall be taken along the shortest route from the enclosed estate to the public road at the location least injurious to the intervening lands.”

   1 later decision quote this exact passage
   e.g. CASH POINT PLANTATION EQUESTRIAN v. Shelton

3. “any person to cut, fell, destroy, remove, or divert for sale or use, any trees, ... growing or lying on the land of another, without the consent of, or in accordance with the direction of, the owner or legal possessor ....”

   1 later decision quote this exact passage
   e.g. 814 So. 2d 763 - Powell v. Dorris