United States Fifth Circuit

In an action brought by the joint owner of an undivided interest in certain property, across which defendant-gas pipeline owner holds a pipeline "easement" or "right of way" obtained in an expropriation proceeding against her predecessor in title, dismissal of the claims as time barred by prescription is reversed where the district court erred by failing to ground its analysis in the recognition that the expropriation judgment created a servitude over the subject property.

Appellate Information

• Decided 11/20/2007
• Published 11/21/2007

Judges

• WIENER, Circuit Judge:, Before WIENER, DeMOSS, and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Stephen B. Murray, Arthur Mahony Murray, Jessica Wittmer Hayes (argued), Murray Law Firm, New Orleans, LA, for Plaintiff-Appellant.


• For Appellees:
  
• Grady S. Hurley (argued), Jean-Paul Abadie Escudier, Jones Walker, New Orleans, LA, for Defendant-Appellee.