Lacombe v. Carter, 975 So. 2d 687 (2008)

Facts

  • Randy Lacombe purchased a tract of land adjacent to Saline Bayou and operated a hardware store in the area.
  • After the State installed a water-control structure, portions of Lacombe’s tract became inundated by bayou waters.
  • Before Lacombe’s purchase, four hunters—Shawn Daze, Brian Mabou, Marvin Carter, Jr., and William Smith—constructed duck blinds and placed a floating boathouse in the inundated area.
  • After acquiring the property, Lacombe demanded that the hunters remove the blinds and boathouse; the hunters refused.
  • Lacombe sued the hunters for trespass and sought removal of the structures, an injunction against future entry, and damages.
  • The hunters asserted the area was a public, navigable waterway and that the submerged land belonged to the State; the State was added as a party because of that claim.
  • Lacombe introduced deeds, surveys, official state maps, and GPS-based location evidence to show (1) he owned the land and (2) the blinds and boathouse were located within his titled boundaries.
  • A state official testified that the structures were on Lacombe’s property and that the State did not claim ownership of the inundated portion.
  • During the dispute, the hunters circulated flyers and posted signs stating that Lacombe was attacking local hunting and fishing rights; Lacombe claimed he lost business at his hardware store as a result.
  • The trial court found the hunters trespassed, ordered removal of the structures, enjoined future entry onto Lacombe’s land, and awarded Lacombe $5,000 in damages against each hunter.
  • Daze and Mabou appealed.

Issues

  1. Whether the trial court manifestly erred in finding that the duck blinds and floating boathouse were located on Lacombe’s privately owned property, rather than on state-owned water bottom associated with a navigable waterway.
  2. Whether the evidence supported a trespass finding and injunctive relief requiring removal of the structures and barring future entry.
  3. Whether the trial court abused its discretion in awarding Lacombe $5,000 in damages against each appealing hunter.

Decision

  • The Louisiana Court of Appeal, Third Circuit affirmed the judgment as to the appealing defendants.
  • The court upheld the factual finding that Lacombe proved ownership and that the structures were located within his property boundaries, even though the area was inundated.
  • The court affirmed the finding of trespass and the injunction ordering the hunters to remove the blinds and boathouse and prohibiting future entry onto Lacombe’s land.
  • The court affirmed the $5,000 per-defendant damage award against Daze and Mabou.
  • Ownership and the location of disputed improvements may be proved through title documents and competent location evidence such as surveys, official maps, and GPS-based proof; appellate review of such factual determinations is deferential under the manifest error standard.
  • The fact that private land becomes inundated due to a state-installed water-control structure does not, by itself, transfer ownership of the submerged land to the State or convert it into public property.
  • Maintaining structures or remaining on another’s immovable property without consent can constitute a continuing trespass, for which injunctive relief ordering removal and prohibiting reentry is an available remedy.
  • Damage awards in trespass cases are reviewed for abuse of discretion; an appellate court will not disturb an award supported by the record and within the trial court’s allowable range.

Conclusion

Lacombe v. Carter affirmed a trial court’s determination that hunters trespassed by keeping duck blinds and a floating boathouse on inundated land that remained within a private owner’s titled boundaries, rejecting the claim that flooding transformed the area into state-owned water bottom, and upholding both injunctive relief and $5,000 damages assessed against each appealing hunter.