Barred hold no tgp

Description:Concluding that the district court erred by failing to ground its analysis in the fundamental recognition that the expropriation judgment created a servitude over the subject property, we reverse the district court's dismissal 1 and remand for further proceedings consistent with this opinion. Under the settlement, Violet granted TGP the right to dredge a canal approximately forty feet in width and to lay a pipeline within those bounds. In , following unsuccessful negotiations, TGP prevailed in a second expropriation proceeding against Violet, in which the court granted TGP the right to dredge a second canal and lay a pipeline therein. The judgment specified that TGP could dredge a fifty-foot canal parallel to and feet east of the canal, and it awarded Violet compensation for the taking. We have not failed to consider evidence indicating that the first canal is now considerably wider at certain points than when dredged in Whatever complaint [Violet] might have that the widening of the first canal has resulted from fault of the plaintiff, does not address itself to the court in this expropriation proceeding.

Views: 3831 Date: 2018-05-25 Favorited: 80