BOARD OF COM'RS OF TENSAS v. Crawford

731 So. 2d 508, 1999 WL 228804
CourtLouisiana Court of Appeal
DecidedApril 21, 1999
Docket98-1605, 98-1606
StatusPublished
Cited by2 cases

This text of 731 So. 2d 508 (BOARD OF COM'RS OF TENSAS v. Crawford) 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
BOARD OF COM'RS OF TENSAS v. Crawford, 731 So. 2d 508, 1999 WL 228804 (La. Ct. App. 1999).

Opinion

731 So.2d 508 (1999)

BOARD OF COMMISSIONERS OF the TENSAS BASIN LEVEE DISTRICT, Plaintiff-Appellant,
v.
Larry W. CRAWFORD and Marjorie Crawford, Defendants-Appellees.

Nos. 98-1605, 98-1606.

Court of Appeal of Louisiana, Third Circuit.

April 21, 1999.

*511 Ronald Joseph Bertrand, Theo J. Coenen, III, Rayville, for Board of Com'rs of the Tensas Basin Levee Dist.

Norman Magee, Ferriday, for Larry W. Crawford and Marjorie Crawford.

BEFORE: COOKS, DECUIR, and AMY, Judges.

COOKS, Judge.

This appeal arises as the result of the Tensas Levee District's (District) expropriation of property owned by Larry W. Crawford and Marjorie Crawford (Crawfords). The District appeals the amount of compensation awarded the Crawfords for their loss. The court also awarded the Crawfords attorney's fees, expert witness fees, and legal interest. For reasons which follow, we affirm the judgment of the trial court.[1]

*512 BACKGROUND FACTS AND PROCEDURAL HISTORY

In conjunction with the Sicily Island Levee construction project, the District expropriated 77.97 acres of the Crawfords' 640 acre farm. The tract, commonly referred to as the Lakeview or Fool River Plantation, has been farmed by the Crawfords for the past thirty years. This property, lying in Catahoula Parish with a very small portion located in Franklin Parish, is bounded on the north by the Fool River and on the east by the Tensas River. The District deposited $36,260.00, as payment for the expropriated property, in the registry of the court basing its value calculation on the property's current use as farmland. The Crawfords did not contest the District's right to expropriate this property; rather, they maintained that the amount tendered was inadequate. In particular, they asserted below the amount of just compensation due them substantially exceeded the deposited amount because, among other things, eighty-one and three-tenths (81.3) acres of their property fronts the Fool and Tensas Rivers; and as such, this acreage should have been valued as river front lot sites.

The trial court agreed with the Crawfords in part. The court assigned a higher value to that portion of the property bordering the Fools and Tensas Rivers. However, instead of 81.3 acres, he found only seventy (70) acres of the Crawfords' property qualified for the higher valuation. The value of the remaining acreage, farmland and area that includes waste, drains, and roads, was determined using a combination of the values set by the District's appraisers. The trial court also found severance damages were appropriate because of the decline in the market value of the Crawfords' homesite tract that results from the taking and/or construction of the proposed improvement. The Crawfords were also awarded both attorney's fees, expert witness fees and legal interest on all. The District now appeals this ruling.

ASSIGNMENTS OF ERROR

The District originally assigned four errors for our review. Prior to oral argument, however, the parties executed a stipulation agreeing the trial judge committed mathematical errors which they jointly agreed should be corrected as proposed therein and further narrowing the real issues for our review to three:

1. The assignment of a highest and best use to 70 acres of the property as riverfront camp lots was clearly erroneous.
2. The trial judge was clearly erroneous in finding severance damage to the homesites on the property.
3. Should the award of $7,000.00 for Appellee's expert fee be reduced?

The Crawfords answered the appeal seeking additional attorney's fees for work necessitated by the appeal.

LAW AND ANALYSIS

Highest and Best Use

The "highest and best use" doctrine encompasses the definition of "fair market value." State, Dept. of Transp. & Development v. Schwegmann Westside Expressway, Inc., 95-1261 (La.3/1/96); 669 So.2d 1172, 1175. In expropriation cases, fair market value is the price a buyer is willing to pay after considering all of the uses that the property may be put to where such uses are not speculative, remote, or contrary to law. Id., citing West Jefferson Levee Dist. v. Coast Quality, 640 So.2d 1258 (La.1994). "The current use of the property is presumed to be the highest and best use, and the burden of overcoming that presumption by proving the existence of a different highest and best use based on a potential future use is on the landowner." Id. at 1275. To prevail the landowner must show that it is "reasonably *513 probable" that the property could, absent the expropriation, be put to the highest and best use in the not too distant future. West Jefferson, 640 So.2d 1258. "Such use must have an effect on the price a buyer is willing to pay." Id. at 1273.

The highest and best use can only be determined after a consideration of the surrounding factual circumstances. The determination of the highest and best use, the amount that will compensate the owner of a property right, to the full extent of his right, must be made on the basis of the facts of each case and in accordance with the uniqueness of the thing taken. State, Dept. of Transp. & Development v. Hammons, 550 So.2d 767 (La.App. 2 Cir.1989). The West Jefferson Court outlined a list of considerations which may be utilized by the trial court in its determination of the highest and best use. The Court stated:

[i]n seeking to determine a highest and best use of property which would have an effect on the market value of the property at the time of the expropriation in that it would be considered by a willing purchaser and is not remote or speculative, several factors may be considered, including, but not limited to: market demand, proximity to areas already developed in a manner compatible with the intended use, economic development in the area, specific plans of businesses and individuals, including action already taken to develop the land for that use, scarcity of land available for that use, negotiations with buyers interested in the property taken for a particular use, absence of offers to buy the property made by buyers who would put it to the use urged, and the use to which the property was being put at the time of the taking. (Citations omitted).

West Jefferson, 640 So.2d at 1274. These factors are merely suggested considerations; they are not meant to be all-inclusive. Accordingly, in its application of the highest and best use doctrine, the trial court is only obligated to consider the factor(s) it believes important.

The trial court is granted a great deal of discretion in determining the value of land in expropriation cases. The fixing of value of the property by the trial court will not be disturbed unless manifestly erroneous. State, Dept. of Transp. & Development v. Estate of Davis, 572 So.2d 39 (La.1990). Opinions as to the value expressed by experts are not binding on the trier of fact since they are ordinarily not conclusive and generally regarded as advisory in character. West Jefferson, 640 So.2d 1258. "The weight to be given to expert testimony is determined by the trier of fact based on the professional qualifications and experience of the expert, the facts and studies upon which his opinion is based, his familiarity with the locality of the property involved, and the possible bias of the witness in favor of the side for whom he testifies." Id. at 1277.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
731 So. 2d 508, 1999 WL 228804, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-comrs-of-tensas-v-crawford-lactapp-1999.