Our Practice Areas

Expropriation/Appropriation

Louisiana’s state constitution allows for government “takings” of private property, but this doesn’t mean that property owners have to take it lying down. If you have had your property rights infringed by the state, parish, or municipality, you may have a claim for compensation under Louisiana’s law of “inverse condemnation.” We are proud to have represented several private property owners in suits to recover their just compensation under this area of law. If you wish to read an appellate court opinion concerning one of these cases of ours to learn more, please click this link.

Partitions

Ownership of property in Louisiana often becomes fractional, with co-owners owning a percentage of a house and lot, or tract of land. If no consensus can be reached among the co-owners (or if the co-owners cannot be located) Louisiana law provides an avenue to have co-owned properties judicially liquidated and the proceeds distributed ratably to the co-owners after costs. We have the experience to guide clients through this process.

Tax Sale and Adjudicated Property

When property taxes go unpaid in Louisiana, its parishes and cities (and sometimes both separately!) will auction an interest in the property to bidders. If nobody bids on the property, it is adjudicated to the auctioning municipality, who will list it for sale. Both of these methods of property acquisition can prove profitable for the savvy and patient investor, but one should be wary of the many pitfalls. If you’ve decided to dip your toes into the murky swamps of Louisiana tax sale and adjudicated property investment, you would be wise to seek an attorney’s advice on how to shore up and quiet your title.

Successions

Changes in property ownership in Louisiana, like everywhere, happen frequently due to an owner’s death. Often, this requires a formal judicial proceeding by which a Court approves a decedent’s last will and testament as legally sufficient, and sends his or her named heirs into possession of the immovable property. If the decedent had no will, the succession will be carried out under Louisiana’s law of intestate succession. It is vitally important that each step of this process, from the drafting of the will is handled by a qualified attorney. An improperly drafted will or mishandled probate suit can leave heirs in a bad position, during an already difficult and emotional time.

Boundary Disputes

How do we figure out exactly where a boundary line sits between two properties? This can sometimes be, quite literally, a Million Dollar Question. Louisiana has a thoroughly developed and somewhat complex body of law on possessory and boundary disputes, as well as adverse possession (“acquisitive prescription” in Louisiana). On top of the depth of these laws, boundary disputes often see highly specific fact patterns and fact histories that have to be developed going back for decades. You will certainly need a specialized attorney to guide you through this type of litigation, should you find yourself in this situation.

Foreclosures

In our experience operating within the transactional space, we frequently encounter deals which are “Seller-financed”. When a Buyer in such a transaction defaults, the Seller (if transactional documents were correctly drafted) will have the same right of foreclosure as a federally regulated mortgage lender. We will take the steps required to recover ownership and possession of the property as quickly as possible.

Timber Piracy and Trespass

North Louisiana is timber country, with pine forests being one of our abundant natural resources. When plantations are being harvested, the property lines will sometimes be crossed. Whether due to carelessness or ill intent, Louisiana provides statutory recourse for a landowner whose timber has been wrongfully cut.

Contracts of Sale and Lease, Options

If you are trying to structure a deal involving property in a specific manner, having an attorney draft and review the language can pay for itself ten times over.

Legal Access

If you have purchased or inherited a parcel of land that has no public road access, you will likely be entitled to a servitude of passage over neighboring property. The merchantability of your property will be greatly enhanced by obtaining this legal access. This can be negotiated and carried out by agreement with your neighbor, or failing that, by a court order. Each factual situation is unique, but we should be able to help you unlock your land.

Other Matters

• Issues of LLC and corporate governance
  • Drafting and amendment of Operating Agreements, Articles of Organization, etc.
  • Disputes between Members or Shareholders
• Suits for Breach of Contract
  • Violation of Residential Buy/Sell Agreements
  • Construction defects or negligent workmanship