The Louisiana Supreme Court heard oral arguments whether St. Bernard Parish port officials violated Louisiana’s eminent domain laws when they seized a privately run port operation along a mile of Mississippi River frontage in 2010. The property owner argued that port officials were trying to take the property at a bargain price and transfer it to a competitor. Louisiana law provides that “no business enterprise or any of its assets shall be taken for the purpose of operating that enterprise or halting competition with a government enterprise.” The property owner has support from national groups such as the Institute for Justice and the Pacific Legal Foundation. Attorneys for the port argued that Louisiana law specifically singles out ports and airports when it comes to the kind of “public purpose” that justifies eminent domain, citing the need “to facilitate the transport of goods or persons in domestic or international commerce.” The case is on appeal from a 2-1 split decision by a panel of the Fourth Circuit Court of Appeals.

[View source.]