Legal Question in Real Estate Law in Louisiana
The state of La cut several trees from the front of my property without my consent. They are telling me that one of them should have required my consent but the others were on the servitude. I see no differences in any of the trees. They have told me that they will send me a claim form to file a claim and that they are working on it but I have not received anythin yet. I will be two weeks 8/17/10 since this took place. Can you please give me some advice?
1 Answer from Attorneys
The area close to the roadway (usually between the sidewalk and the street in most suburban areas) is owned by you, subject to a servitude in favor of the state. This means that the state can come in and cut trees, dig drainage and sewer lines, etc., for the public benefit on that portion of the land. If the tree is not within that servitude area, they have no right to remove the tree and you can file a claim for damages for their improper destruction of your property.