263 So. 3d 540
La. Ct. App.2018Background
- In 1962–1972 the U.S. Army Corps and federal agencies built and began operating navigation/water‑management works in the Catahoula Basin pursuant to a federal River and Harbor Act project; the State executed an Act of Assurances obligating it to furnish lands/servitudes and to "hold and save" the U.S. free from damages.
- The Corps/FWS thereafter managed seasonal water levels under a Water Level Management Agreement, increasing inundation duration in the Basin; the State granted mineral leases and exercised regulatory jurisdiction over the area.
- Steve and Era Lea Crooks filed a putative class action (May 2006) seeking: (a) a declaration that the area called Catahoula Lake was actually the banks of Little River (riparian owners’ property); (b) damages/just compensation for inverse condemnation (and royalties) resulting from the project; and (c) fees/costs. The trial court subdivided the class into "Lake Plaintiffs" and "Swamp Plaintiffs."
- After trial the court found (factually) that in 1812 the basin was a permanent river that seasonally overflowed (so riparian owners, not the State, owned the banks), held the State liable (as indemnitee under the Act of Assurances), awarded inverse‑condemnation damages and royalties, and large attorney/expert fees; the State appealed.
- On appeal the court affirmed most holdings (ownership, liability, continuing‑tort prescription), vacated / reallocated certain fee awards, and rendered judgment reallocating costs and fees between the State and the common fund.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Classification of Catahoula Basin as river vs. lake (1812) | Crooks: basin was Little River banks that seasonally overflowed; therefore riparian private ownership | State: basin is a navigable lake (State ownership) and Placid Oil factors support lake classification | Trial findings that 1812 basin was a permanent river that seasonally overflowed were not manifestly erroneous; Lake Plaintiffs own the river banks |
| Right to sue State for inverse condemnation (stipulation pour autrui) | Crooks: Act of Assurances is a stipulation pour autrui — third‑party beneficiaries may sue State (State agreed to indemnify U.S.) | State: Act of Assurances is not a third‑party beneficiary; only U.S. could be the taker; procedural defects | Court followed Cooper: Act is a stipulation pour autrui; plaintiffs may sue State directly; nonjoinder of U.S. not fatal |
| Prescription / timeliness of takings claims | Crooks: claims not prescribed because the flooding is a continuing tort and injunctive relief for servitudes does not prescribe | State: claims prescribed (should be governed by La.R.S.13:5111 three‑year rule or other prescriptive statutes); subsequent purchasers lack claims for pre‑purchase takings | Court held United States, not State, caused the taking so La.R.S.13:5111 inapplicable; continuing‑tort doctrine applies; prescription had not run for compensation and injunctive relief |
| Subsequent‑purchaser rule (standing of post‑1973 buyers) | Crooks: continuing tort preserved claims for later purchasers | State: subsequent purchasers cannot recover for damage occurring before purchase | Court distinguished Eagle Pipe on facts (here injuries and wrongful acts are continuing) and allowed later purchasers to assert claims |
Key Cases Cited
- State v. Placid Oil Co., 300 So.2d 154 (La. 1974) (multi‑factor test for distinguishing rivers and lakes)
- Cooper v. Louisiana Dep't of Pub. Works, 870 So.2d 315 (La. App. 3 Cir. 2004) (Act of Assurances as stipulation pour autrui; continuing‑tort analysis applied to river project takings)
- Eagle Pipe & Supply, Inc. v. Amerada Hess Corp., 79 So.3d 246 (La. 2011) (subsequent purchaser rule: generally no recovery for pre‑purchase damages absent assignment; analysis of when continuing tort applies)
- DeSambourg v. Bd. of Comm'rs for Grand Prairie Levee Dist., 621 So.2d 602 (La. 1993) (state law controls definition of ordinary high water; federal definitions not dispositive)
- Gulf Oil Corp. v. State Mineral Bd., 317 So.2d 576 (La. 1974) (equal‑footing doctrine and state title to navigable water bottoms)
- Sanders v. State, Dep't of Natural Res., 973 So.2d 879 (La. App. 3 Cir. 2007) (prior appellate treatment recognizing Catahoula area issues)
- Schoeffler v. Drake Hunting Club, 919 So.2d 822 (La. App. 3 Cir. 2006) (discussion that temporary, seasonally inundated areas are not lakes for ownership purposes)