Lower court ruling on Bayou Estates Road reversed

The Bayou Estates Road has been declared to be a private road owned by Tim Lambert and/or Cajun Maintenance, reversing the lower court which had declared the road to owned by the Police Jury. In a decision released on May 18, 2022 the Third Circuit court declared that the Police Jury had no implied dedication of the road, thus making it private.
This matter has been an ongoing dispute between the residents of Bayou Estates, the Police Jury and the developer of the subdivision and owner of the road.
The developer was dismissed from the suit which was a claim that he had to maintain the road. It does not dismiss him from potential litigation to be answerable for damages under the Civil Code article 2317.1 which would make the owner responsible for damages due its poor condition since he has refused to exercise reasonable care in maintaining it.
Assistant District Attorney, Jonathon Gaspard, handled the matter for the District Attorney’s Office at trial and on appeal, representing the Avoyelles Parish Police Jury. District Attorney Charles Riddle III, commented:
“Although, we are pleased that the court decided that the Police Jury has rules for developers to follow before a road becomes their responsibility, we feel for the residents who have to suffer the consequences of developers who neglect the roads that they construct.
“ADA Jonathon Gaspard, did a good job representing the Police Jury who has established definite rules pertaining to subdivision rules.
“We are also pleased that the court left open the claim against the developer for anyone who has suffered damages due to the poor condition of the road and refusal to repair.
“It should be mentioned that if anyone has suffered damage to their vehicle or personal injury due to the poor condition and failure to maintain the road has a cause of action for one year from the date of incident against the developer.
“Further, when purchasing a lot in any subdivision, the buyer should verify whether the road is owned and maintained by the jury or municipality where the subdivision is located.”