Property Civil Code

Front 1

Common things may not be owned by anyone. They are such as the air and the high seas that may be freely used by everyone conformably with the use for which nature has intended them.

Back 1

449

Front 2

cable across bayou - navigability in its NATURAL state. Also 1. don’t have to show that it is being used or has been used in commerce, but just that it CAN be used in commerce.

Back 2

State v. Two O'Clock Bayou

Front 3

1) Banks of navigable rivers or streams are private things subject to public use.
(2) Bank of navigable river or stream is the land lying between the ordinary low and the ordinary high stage of the water.
When there is a levee located in proximity to the water, the levee forms the bank.
Comments: servitude of public use is not for use of public at large, but for purposes that are incidental to the navigable character of the stream and its enjoyment as an avenue of commerce.

Back 3

456

Front 4

1. (1) Works built without lawful permit on public things (including sea, seashore, bottom of natural navigable waterways, banks of navigable rivers) that obstruct public use may be removed at expense of one who built it and at the instance of public authorities or person residing in state.
2. (2) Owner of works cannot prevent removal by alleging prescription or possession.

Back 4

458

Front 5

Building that merely encroaches on public way without preventing its use and which cannot be removed without causing substantial damage to the owner shall be permitted to remain. If it is demolished from any cause, owner shall be bound to restore to public the part of the way upon which the building stood.

Back 5

459

Front 6

Owned by the state or its political subdivisions in their capacity as public persons.
b. (2) Public things that belong to the state are running water, the waters and bottoms of natural navigable water bodies, the territorial sea, and the seashore
c. (3) Public things that belong to political subdivision of the state are streets and public squares

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450

Front 7

If is not necessary for public use, then the state can sell it or the state can own it in its private capacity.

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Coliseum Square

Front 8

Tidal marsh does not become seashore merely because it is subject to some indirect tidal overflow.

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Buras v. Salinovich

Front 9

1. Added another important limitation onto Article 456:
a. General public does not have an unlimited right to cross private property, to reach banks of navigable rivers, to take advantage of the right to public use.
b. Only guaranteed access to bank is from the navigable river.

Back 9

Pizanie v. Gautreaux

Front 10

No right to alluvion or dereliction on shore of sea or of lakes.

Back 10

500