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Bayou Fleet Partnership, Plaintiff-Appellant/cross-Appellee v. Dravo Basic Materials Company Incorporated, Defendant-Appellee/cross-Appellant, Dravo Corporation, Defendant-Appellee/cross-Appellant. Dravo Basic Materials Company, Inc., Plaintiff-Appellee/cross-Appellant v. Bayou Fleet, Incorporated, And/or Bayou Fleet Partnership, Defendant-Appellant/cross-Appellee

Citations: 106 F.3d 691; 1997 U.S. App. LEXIS 3892Docket: 95-31057

Court: Court of Appeals for the Fifth Circuit; March 4, 1997; Federal Appellate Court

Narrative Opinion Summary

The appellate case involves Bayou Fleet Partnership and Dravo Basic Materials Company, Inc. concerning a dispute over the unauthorized removal of limestone working bases. Dravo operated on a property where it stored limestone, creating stockpiles on working bases deemed integral to the property. Upon Bayou Fleet's acquisition of the land following a sheriff's sale, Dravo removed the bases without reaching a lease agreement. The district court found Dravo liable for the unauthorized removal, awarding damages to Bayou Fleet. On appeal, the court examined whether the working bases were movable or immovable under Louisiana law. Concluding they were immovable, the court reversed the lower court's judgment, rendering a higher compensation amount of $263,222.22 for Bayou Fleet. The court also addressed the lack of recorded ownership by Dravo, affirming Bayou Fleet's acquisition of the property free of claims. The ruling emphasized the importance of proper documentation under the Civil Code's accession principles, with the appellate court denying various related motions and remanding for determination of interest and judgment entry.

Legal Issues Addressed

Accession and Ownership of Constructions

Application: Under the Civil Code's accession principles, the limestone working bases, as constructions, were presumed to belong to the landowner, Bayou Fleet, due to lack of recorded ownership by Dravo.

Reasoning: Such constructions may belong to someone other than the landowner but are presumed to belong to the landowner unless documented otherwise.

Classification of Property as Movable or Immovable

Application: The court determined that the limestone working bases created by Dravo were integral components of Bayou Fleet's immovable property under the Louisiana Civil Code.

Reasoning: The court determined that the limestone working bases were integral components of Bayou Fleet's immovable property under Louisiana Civil Code provisions.

Liability for Unauthorized Removal of Property

Application: Dravo was held liable for the unauthorized removal of limestone working bases, as they were classified as immovable property, necessitating compensation to Bayou Fleet.

Reasoning: Dravo had no right to remove them, making it liable for their reasonable replacement cost, which was determined to be $263,222.22.

Requirement for Recorded Ownership

Application: The court held that Dravo's failure to record its ownership or lease with the previous owner, Neal Clulee, resulted in Bayou Fleet acquiring the property free of any claims.

Reasoning: Dravo, the original owner of the limestone working bases, failed to record its ownership or lease with Clulee, resulting in Bayou Fleet acquiring the property free of any claims from Dravo.