City of Thibodaux v. Louisiana Power & Light Company, Civ. A. No. 6444.
| Court | United States District Courts. 5th Circuit. United States District Court (Eastern District of Louisiana) |
| Writing for the Court | J. SKELLY WRIGHT |
| Citation | 153 F. Supp. 515 |
| Parties | CITY OF THIBODAUX, Plaintiff, v. LOUISIANA POWER & LIGHT COMPANY, Defendant. |
| Docket Number | Civ. A. No. 6444. |
| Decision Date | 21 June 1957 |
153 F. Supp. 515
CITY OF THIBODAUX, Plaintiff,
v.
LOUISIANA POWER & LIGHT COMPANY, Defendant.
Civ. A. No. 6444.
United States District Court E. D. Louisiana, New Orleans Division.
June 21, 1957.
Wollen J. Falgout, Thibodaux, La., Theo F. Cangelosi, Baton Rouge, La., Louis Claiborne, New Orleans, La., for plaintiff.
Harvey Peltier, Donald Peltier, Thibodaux, La., Monroe & Lemann, Andrew P. Carter, J. Raburn Monroe, Melvin Schwartzmann, New Orleans, La., for defendant.
J. SKELLY WRIGHT, District Judge.
The City of Thibodaux, operator of a municipally-owned electric utility plant, seeks in these proceedings1 to condemn facilities owned and operated by the Louisiana Power & Light Company in that section of the city recently acquired by extension of the city's limits. Act 111 of 19002 is suggested as containing the authority of the city to condemn these facilities.
In 1900, when Act 111 was passed by the Louisiana Legislature, the operations of utilities serving the cities of the State of Louisiana were usually confined to the territorial limits of the municipalities. In other words, there was a power plant in the city with sufficient conduits and lines emanating therefrom to service the homes and the industry in the area. Act 111 provides that such a plant, with its service accessories, when owned by private utility, may be condemned by the city for the operation of a public utility.
The defendant, Louisiana Power & Light Company, operates a private electric utility system servicing a large part of the state of Louisiana. Electric energy sufficient to service this large area is obtained from two plants operated by the defendant, its Sterlington plant near
Although the power of eminent domain inheres in the United States and several states as an incident to their sovereignty,3 the grant of that power by these sovereigns to one of their subdivisions will never pass by implication, for the power of eminent domain is one of the attributes of sovereignty most fraught with the possibility of abuse and injustice.4 When the power is granted by the state to one of its...
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Louisiana Power Light Company v. City of Thibodaux, No. 398
...an opportunity to interpret Act 111 of 1900 (LSA—R.S. 19:101 et seq.),' the authority on which the city's expropriation order was based. 153 F.Supp. 515, 517—518. The Court of Appeals for the Fifth Circuit reversed, holding that the procedure adopted by the district judge was not available ......
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City of Thibodaux v. Louisiana Power & Light Company, No. 16870.
...could be obtained through the Louisiana Declaratory Judgment procedures. City of Thibodaux v. Louisiana Power & Light Co., D.C., 153 F.Supp. 515. By the district court's order further proceedings were stayed until the Supreme Court of Louisiana has been afforded an opportunity to interp......
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Empire Pictures Distributing Co. v. City of Fort Worth, No. 17808.
...People et al., June 8, 1959, 360 U.S. 167, 79 S.Ct. 1025, 3 L.Ed.2d 1152. 3 City of Thibodaux v. Louisiana Power & Light Company, 153 F.Supp. 515. 4 Id., 255 F.2d 5 358 U.S. 893, 79 S.Ct. 154, 3 L.Ed.2d 120. 6 Creasy v. Lawler, 389 Pa. 635, 133 A.2d 178. 7 Creasy v. Stevens, 160 F.Supp.......
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City of Thibodaux v. Louisiana Power & Light Co., No. 5121
...an interpretation had been obtained from the Supreme Court of Louisiana. See City of Thibodaux v. Louisiana Power & Light Company, 153 F.Supp. 515, An appeal was taken to the United States Court of Appeal for the Fifth Circuit, 255 F.2d 774, which reversed the District Court but the Uni......
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Louisiana Power Light Company v. City of Thibodaux, No. 398
...an opportunity to interpret Act 111 of 1900 (LSA—R.S. 19:101 et seq.),' the authority on which the city's expropriation order was based. 153 F.Supp. 515, 517—518. The Court of Appeals for the Fifth Circuit reversed, holding that the procedure adopted by the district judge was not available ......
-
City of Thibodaux v. Louisiana Power & Light Company, No. 16870.
...could be obtained through the Louisiana Declaratory Judgment procedures. City of Thibodaux v. Louisiana Power & Light Co., D.C., 153 F.Supp. 515. By the district court's order further proceedings were stayed until the Supreme Court of Louisiana has been afforded an opportunity to interpret ......
-
Empire Pictures Distributing Co. v. City of Fort Worth, No. 17808.
...People et al., June 8, 1959, 360 U.S. 167, 79 S.Ct. 1025, 3 L.Ed.2d 1152. 3 City of Thibodaux v. Louisiana Power & Light Company, 153 F.Supp. 515. 4 Id., 255 F.2d 5 358 U.S. 893, 79 S.Ct. 154, 3 L.Ed.2d 120. 6 Creasy v. Lawler, 389 Pa. 635, 133 A.2d 178. 7 Creasy v. Stevens, 160 F.Supp. 404......
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City of Thibodaux v. Louisiana Power & Light Co., No. 5121
...until an interpretation had been obtained from the Supreme Court of Louisiana. See City of Thibodaux v. Louisiana Power & Light Company, 153 F.Supp. 515, An appeal was taken to the United States Court of Appeal for the Fifth Circuit, 255 F.2d 774, which reversed the District Court but the U......