LA Civil Code Qz 4

disinherison

a forced heir cannot be disinherited for any reason other than those stated in the codal provisions governing disinherison 1) forced heir's failure to communicate with his parent for a two-year period after obtaining the age of majority (18) 2) a forced heir's conviction for a crime for which a sentence of life imprisonment or death could be imposed

sudden action of water

carries away an identifiable piece of ground and unites it with other land on the same or opposite bank, the owner doesn't lose the property, if he claims it in writing within a year, or if over a year, he may claim the land if another owner has not taken possession; called avulsion

eminent domain

right or power of the government to take private property for public use upon paying just compensation

bad faith possession

30 yrs; possession are the same as for good faith except that the person claiming ownership does not believe that the land is his. neither good faith nor just title is required

constructive possession

a person possesses part of an immovable, he is deemed to have constructive possession of the entirety of the property within the limits of his title; in the absence of a title a person possesses only the area in which he exercises actual physical possession

disposable portion

balance of the decedent's estate; 3/4 if the decedent leaves one forced heir at his death and 1/2 if the decedent leaves 2 or more forced heirs

decedent

deceased; children must inherit the forced portion; if there is no will, the children inherit the full estate of the deceased person, the spouse retains usufruct

quick taking

expropriation for state highway purposes is a comparatively short litigation process

dereliction

formed by water receding from a river or stream; owner of the land situated at the edge of the bank left dry owns this; no right on the shore of the sea or lakes

bad faith possessor

if he makes improvements the owner of the immovable may 1) keep them 2) demand their demolition and removal at the possessor's expense 3) recover damages; if he keeps the improvements he must pay the possessor the current value of the materials and the workmanship or the enhanced value of the immovable

navigable rivers and streams

if it abandons its bed and opens a new one, the owner of the land on which the new bed is located takes ownership of the abandoned bed (proportionate to the land he lost); if the river returns to its old bed, the owner takes ownership of his former land

good faith possessor

if maker of construction, plantings or works he may recover the cost of materials and the workmanship, their current value, or the enhanced value of the immovable

usufruct

may encompass all of the deceased's community and separate property that is inherited by the forced heirs of the marriage; usufruct doesn't impinge upon the legitime

compensation

must be made to the owner of the property being taken; also includes all loss suffered by the owner

alluvion

natural build up of soil along the bank of a river or stream, whether navigable or not; alluvion belongs to the owner of the bank, subject to public use; no right of alluvion on the shore of the sea or lakes

islands and sandbars

not attached to the bank, formed in the beds of navigable rivers or streams belong to the state

riparian rights

owner on a non-navigable river or stream owns to the middle of the bed (in the absence of title or prescription)

Good faith possession

ownership may be acquired after possession of 10 yrs if it was continuous, uninterrupted, peaceable, public, and unequivocal and in good faith at the time possession commenced; means the possessor believed it was his land

adverse possession

ownership of immovable property my be acquired by possession for a period of time called acquisitive prescription; 10 yrs

forced portion, legitime

portion of the property of the decedent that his forced heirs must receive upon his death

condemnation

the Common Law term describing the use of the power or right of eminent domain

expropriation

the authorized judicial taking of private ownership rights upon payment of just compensation; synonym for "taking"; action which is authorized by the right of eminent domain

forced heirs

the children of the decedent who at the time of death are 1) 23 yrs of age or younger 2) any age, but because of some mental incapacity or physical infirmity are permanently incapable of taking care of their persons or managing their property

corporeal possession

the exercise of physical acts of use or enjoyment; residing in a house, cultivating land, building fences, and other similar activities

right of accession

the ownership of everything that it produces or is united with it, naturally or artificially

mineral rights

transfer with the land unless stated in the contract; however if retained by contract, they may only be retained for ten years if there is no activity

appropriation

unauthorized use by the government to deprive an owner of his property without conforming to law; used to describe an exercise of public property rights, without paying compensation, pursuant to the inherent police powers of a government, recognized by the courts as valid