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Terrebonne Parish School Board v. Columbia Gulf Tranmission Co.

The duty not to aggravate the condition of the servient estate, correlative of the real right of servitude, is not grounded on negligence; and, absent an express contractual exoneration for the marsh erosion damages in this case, to the extent that the damage to the servient estate was caused by abuse of right, the damage should be compensable.

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Plaintiff-Appellant the Terrebonne Parish School Board (the “Board”), as owner of a servient estate, appeals from the district court’s summary judgment that the Board’s causes of action against the two owners of separate dominant estates —- Defendants-Appellees Koch Gateway Pipeline Company (“Koch”) and Columbia Gulf Transmission Company (“Columbia”) —- have prescribed. Concluding that genuine issues of material fact exist with regard to prescription of the Board’s possible causes of action under Louisiana’s law of delict (tort) and contract, we reverse the district court’s grant of summary judgment and remand.

I. FACTS AND PROCEEDINGS

Shortly after Louisiana gained statehood, Congress extended to Louisiana a policy of reserving, from among the public lands in newly created states, the sixteenth section of every township for the support of education.*fn1 This policy created a patchwork of reserved section sixteen lands (“sections sixteen”) throughout each such state, as a result of uniform surveying according to the township-and-range system. (A township is six miles square and contains thirty-six sections, which are one mile square; thus each section sixteen is five miles distant from the nearest other sections sixteen, one in each of the four contiguous townships.)

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