St. Bernard Port, Harbor & Terminal District v. Violet Dock Port, Inc., LLC C/W St. Bernard Port, Harbor & Terminal…

Summary

The court held that the Port’s expropriation served the constitutionally authorized public purpose of facilitating maritime commerce and did not violate the business enterprise clause. It nevertheless reversed the compensation award because the trial court improperly treated the competing valuation opinions as an all-or-nothing choice, and the court of appeal failed to conduct de novo review after that legal error. The matter was remanded to the court of appeal to determine compensation from the existing record under the correct legal principles. Justice Weimer, dissenting, would have held the expropriation unconstitutional because the Port took and used Violet’s assets to operate the existing business and eliminate competition.