Arkansas Louisiana Gas Co. v. Roy

249 So. 2d 587, 1971 La. App. LEXIS 6154
CourtLouisiana Court of Appeal
DecidedMarch 2, 1971
DocketNo. 11572
StatusPublished

This text of 249 So. 2d 587 (Arkansas Louisiana Gas Co. v. Roy) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arkansas Louisiana Gas Co. v. Roy, 249 So. 2d 587, 1971 La. App. LEXIS 6154 (La. Ct. App. 1971).

Opinions

AYRES, Judge.

This is an expropriation proceeding wherein plaintiff expropriated a right of way 50 feet wide and 7,254 feet long across defendants’ property for the purpose of constructing thereon a pipeline for the transmission of natural gas. In addition to this permanent right of way, there was also expropriated a temporary construction easement with an overall width of 200 feet, or an additional 75 feet on each side of the permanent right of way, extending easterly from the water’s edge of Lake Bistineau a distance of 435 feet. The quantity of land taken for the permanent right of way comprised 8.327 acres and, for the temporary easement, 1.498 acres.

Upon an initial hearing before the trial court, the court found the value of the land taken to be $1,000 per acre and awarded defendants judgment for this amount plus $500 for the temporary construction easement and $2,277 for other severance damages aggregating in all $11,610. On a rehearing granted by the [589]*589trial judge’s successor, severance damages were increased so as to increase the total award to $14,746. From this judgment plaintiff appealed.

The only issue before this court, the same as was before the trial court, is a question relating to the compensation and quantum of damages to which defendants are entitled because of the taking and the damaging of their property.

The land taken is a portion of a tract consisting of 399.27 acres located on a peninsula about a mile-and-a-quarter long with a width varying from about three-eighths to one-half mile. This peninsula, known as Adams Point, projects westerly into Lake Bistineau and has a shoreline of approximately three-and-one-half miles.

About a quarter of a century ago United Gas Pipe Line Company obtained a right of way SO feet wide across this property lengthwise of the peninsula and near its crest upon which it constructed two gas pipelines. The present right of way parallels the former and overlaps it by approximately 25 feet.

The issue with respect to the value of the lands or rights taken must be resolved on a basis of the highest and best use to which the property by its nature and location is suited or adapted. The use to which the tract of land has been put has generally been that of the growing of timber. That this was the highest and best use to which the property may be put was the opinion expressed by Frank W. Grigs-by and Walter L. Hunter, realtors, called as witnesses by plaintiff. However, they apparently agreed, because of the property’s location as a peninsula, high and well drained, surrounded on three sides by and adjacent to deep water, the lands taken and the property adjacent thereto would, in that respect, be suited for subdivision development. But they seemingly reasoned, because the property was located on the far side of the lake from the populated areas of Shreveport and Bossier City, and because of the creation of other lakes nearby, such as Toledo Bend and Cypress Bayou, the latter in Bossier Parish, there were no demands for such development of defendants’ property.

It appears appropriate to point out here that neither Grigsby nor Hunter had been instrumental in or connected with the development as subdivisions of any properties east of and bordering Lake Bistineau, nor had they directly or indirectly acquired or sold, for themselves or for others, properties in that locality.

Defendants’ witnesses, particularly A. A. Pierce, a real estate broker, and S. W. Culpepper, one familiar with and experienced in land and timber matters in the area and vicinity of defendants’ property, were of the opinion the highest and best use of the property was for subdivision development, that is, for residential purposes, camps, lodges, and more particularly for purposes pertaining to .recreational projects. The topography and location of the property, as above noted, would, in their opinion, make the property particularly adaptable for subdivision development.

The gist of the testimony of Pierce and Culpepper, especially that of Pierce, is to the effect that subdividing the property for development along the lines and for the purposes noted above would be most timely and feasible. Pierce’s testimony in that respect was most emphatic and grounded not only upon his opinion as an expert but upon his experience in developing three or more lakeside subdivisions in the vicinity of within a few miles of Adams Point.

For example, Pierce developed Flamingo Valley Lake Front Estates. Purchased for the purpose was a tract of 22% acres near the lake about a mile south of the property with which we are now concerned. The purchase price of the property was $24,000. A channel 30 feet wide, on which the subdivision fronted, was constructed as were canals from the channel to the deeper waters of the lake. The cost of development, including the purchase price of the land, aggregated $38,660. Lots sold grossed [590]*590$61,990, resulting in a profit of $23,330. Lots unsold were valued at $23,230. Other subdivisions developed by Pierce included Mill Creek and Cherokee Hills.

According to Pierce’s testimony, defendants’ property, the characteristics of which have already been noted, was much more valuable, suitable, and desirable for subdivision development than any other property on the east side of the lake, not excluding the subdivisions which he had developed. Pierce’s opinion was that the property with which we are now concerned could be readily and profitably developed at the present time. Culpepper’s testimony was in accord with that of Pierce. Defendant R. 0. Roy testified that due to income tax and other similar matters he had hesitated to develop the property.

Plaintiff, nevertheless, attacked the qualifications of defendants’ witnesses as experts and the weight of their testimony on a basis that these witnesses were not well versed or schooled in the technical approaches sometimes used in making appraisals ; in fact, neither had attended seminars, usually two in number, and of two weeks’ duration, where the technique of appraisals is taught. The objections are without merit. Their unfamiliarity with the terms usually applied to the several approaches in making an appraisal did not detract from their ability, through extensive and practical experience, to make appraisals.

Pierce, a high school graduate, attended college for two years where he studied engineering and forestry. He had extensive experience in not only surveying, estimating timber, and appraising lands but in buying and selling lands. From 1933 to 1938 he was with the United States Forestry Service surveying and appraising lands in several states. For a number of yeats he was employed by lumber mills and timber interests in buying lands and timber. In 1959, he went into business for himself. On his own and in conjunction with others, he developed several subdivisions, particularly those above noted. In developing these properties, he backed his judgments and appraisals with his own funds.

Culpepper also had some experience in the development of property on the east side of Lake Bistineau. This experience, however, was not extensive, but he had acted as a broker for 25 years and, in the meantime, had engaged in the buying, cutting, and selling of pulpwood over a wide area of Bienville Parish and in the vicinity of defendants’ property.

Nor do we find any merit in plaintiff’s objection to these witnesses on a basis that Pierce worked for defendant Roy for a short time in 1959 or because Culpep-per occasionally ran a landline or looked after a timber trespass for Roy.

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Bluebook (online)
249 So. 2d 587, 1971 La. App. LEXIS 6154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arkansas-louisiana-gas-co-v-roy-lactapp-1971.