## Facts

- Arlen B. Cenac, Jr. bought Golden Ranch Plantation in Lafourche Parish, Louisiana, including a portion of Company Canal (a man-made canal connecting Bayou Lafourche and Bayou Des Allemands) and an adjacent boat launch and parking area.
- For many years before the sale, members of the public used the canal and boat launch for commercial and recreational access to surrounding waters.
- Prior owners consistently asserted private control: posting “private”/“no trespassing” signs, restricting certain uses (including vessel types), refusing public maintenance funding, and granting selective permission to particular users.
- After the purchase, Cenac attempted to fence the boat launch and parking area; members of a local association and individuals allegedly entered the property and prevented construction.
- Cenac sought to further restrict access by applying for a permit to install a gated structure across Company Canal.
- Cenac sued for a permanent injunction and damages for trespass and interference with his property rights.
- A local resident sued in a consolidated action claiming a real right (servitude) to cross the property, park, and use the boat launch to access the canal.

## Issues

1. Whether long-term public use of a privately owned boat launch and a privately owned, navigable canal established an implied dedication to public use creating a public servitude of use.
2. Whether permissive public use, coupled with continuing owner control and assertions of private ownership, can satisfy the intent element required for implied dedication under Louisiana law.

## Decision

- The Louisiana Supreme Court affirmed the court of appeal.
- The Court held the evidence showed only long-term public use with the owners’ permission, not an intent to permanently devote the property to public use.
- The Court concluded there was no implied dedication and thus no public servitude burdening either the boat launch/parking area or Company Canal.
- The permanent injunction in favor of Cenac barring use of the boat launch and parking area remained in effect, and the canal was not subject to a public servitude by implied dedication.

## Legal Principles

- Implied dedication requires clear and convincing evidence that the landowner intended to permanently devote the property to public use.
- Long-term, open, and continuous public use does not alone establish implied dedication when the use is permissive.
- Owner conduct inconsistent with surrender of rights—such as posting private-property signage, limiting uses, refusing public maintenance funding, and granting selective permissions—negates an inference of intent to dedicate.
- Navigability of a privately constructed and privately owned canal is relevant but does not by itself create a public servitude; dedication turns on proof of owner intent.

## Conclusion

The Court held that extensive public use of a private boat launch and a privately owned navigable canal, where owners maintained control and allowed access only by permission, did not establish implied dedication or a public servitude of use.


Cenac v. Public Access Water Rights Ass'n, 851 So. 2d 1006 (La. 2003)