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Ivanhoe Canal Corp. v. Bunn

Louisiana Court of Appeal

694 So. 2d 263 (1995)

Facts

Texaco, Inc. (defendant) held an 80-year lease for a tract of land located on the Ivanhoe Canal. From that tract of land, the Ivanhoe Canal traveled through another parcel of land known as the Milling Tract, and then through other waterways and eventually to the Gulf of Mexico. Texaco built a marine base on the land it had leased and used it as a base of operations for Texaco vessels working in gas and oil production fields in the gulf. In order to use this base, Texaco vessels needed to travel along the Ivanhoe Canal through the Milling Tract, back and forth to the gulf. Texaco previously had a servitude of passage to use the canal through the Milling Tract but eventually acquired an undivided co-ownership interest in the Milling Tract and continued to use the canal through the tract under its rights as a co-owner. Texaco was one of ten co-owners of the Milling Tract, including private individuals and corporate entities. One of the other co-owners, Ivanhoe Canal Corporation, Inc. (ICC) (plaintiff) brought a suit against the other co-owners, seeking a partition of the Milling Tract. The trial judge granted judgment in ICC’s favor. Texaco appealed.

Rule of Law

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Issue

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Holding and Reasoning (Fogg, J.)

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