Central Louisiana Elec. Co. v. Huckabay

446 So. 2d 1327
CourtLouisiana Court of Appeal
DecidedFebruary 21, 1984
Docket16000-CA
StatusPublished
Cited by6 cases

This text of 446 So. 2d 1327 (Central Louisiana Elec. Co. v. Huckabay) 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
Central Louisiana Elec. Co. v. Huckabay, 446 So. 2d 1327 (La. Ct. App. 1984).

Opinion

446 So.2d 1327 (1984)

CENTRAL LOUISIANA ELECTRIC COMPANY, INC., Plaintiff-Appellant,
v.
Pugh T. HUCKABAY, Jr. & his wife, Julie Roquin Huckabay, Defendant-Appellee.

No. 16000-CA.

Court of Appeal of Louisiana, Second Circuit.

February 21, 1984.
Rehearing Denied March 28, 1984.
Writ Denied May 11, 1984.

*1328 Horton & Jones by Donald G. Horton, Natchitoches, for defendant-appellee.

Gahagan & Gahagan by Russell E. Gahagan, Coushatta, for plaintiff-appellant.

Before MARVIN and JASPER E. JONES, JJ., and CULPEPPER, J. Pro Tempore.

CULPEPPER, Judge Pro Tem.

This case is consolidated for trial and appeal with No. 16,001-CA entitled "Central Louisiana Electric Company, Inc. versus James M. Herring and his wife, Paula Vetter Herring", 446 So.2d 1333, in which a separate judgment is being rendered by us this date. These are expropriation cases filed by Central Louisiana Electric Company against two separate land owners, James M. Herring who owns a 240 acre tract of land and Pugh T. Huckabay, Jr. who owns a 480 acre tract adjacent to the Herring property. Plaintiff sued to expropriate a servitude 85 feet wide across the *1329 farmlands of the defendants for the purpose of constructing and maintaining electric transmission lines. The trial judge rendered judgment granting the servitudes sought conditioned upon payment to the defendant Huckabay of the total sum of $205,898 plus an attorney's fee of $3,750 and the payment to Herring of the sum of $252,615 plus an attorney's fee of $3,750. Eighteen days after the rendition of this judgment the plaintiff paid the specified sums by deposits in the registry of the court. The plaintiff appealed both cases. Both defendants have answered the respective appeals seeking eighteen days legal interest, awards for the value of the servitudes taken and increases in the awards for attorneys' fees to 25% of the awards.

The substantial issues on appeal are:
1. Did the trial court err in awarding both diminution in value of the remainder of the farmlands affected and additional farming expenses for periods up to ten years because aerial spraying will be prevented by the new transmission lines?
2. Did the trial court err in failing to make specific awards for the values of the servitudes taken, and if so what are these values?
3. What are the severance damages to the remainders of defendants' properties?
4. Are defendants entitled to legal interest on the amounts awarded for the eighteen days between the time the judgments were rendered and the time the awards were paid by deposit in the court?
5. Are defendants entitled to increases in the awards for attorneys' fees?

GENERAL FACTS

The two tracts of farmland in question are alluvial soil located in the Red River valley and are suitable for growing either cotton or soybeans. At the time of this judgment of expropriation in July of 1983, most of the affected property was planted in cotton. The farms are shown on maps and aerial photographs filed in evidence. The 480 acres owned by Huckabay lies generally north and east of the 240 acres owned by Herring, and the two tracts are separated by Honey Bayou. The new servitude runs generally east and west and crosses portions of both farms. Huckabay claims damages to only 63 acres of his land. Herring claims damages to 220 acres.

There is a previously existing electrical transmission line immediately north of the new 85 foot wide servitude. On the affected property of Huckabay the existing line is supported by three H-frame poles averaging about 60 feet in height, and there is a sag in the line to within 27 feet of the ground between each existing pole. The new transmission lines will be supported on the Huckabay property by one new steel pole 134 feet high. This pole will have four guide wires extending approximately 50 to 70 feet from the base of the structure.

On the Herring property, there are presently six existing poles averaging about 60 feet in height. The minimum sag of the lines between these poles is also about 27 feet from the ground. The new lines will be supported on the Herring property by three steel towers averaging about 115 feet in height.

The trial judge found the farmland affected has a market value of $2,000 per acre, the highest estimate given by defendants' experts. Plaintiff's experts estimated the market value of the lands affected at $1,500 per acre. The trial judge did not make a specific award for the value of the servitudes taken on either tract. He awarded severance damages of 50%, $1,000 per acre for 63.4 acres of Huckabay land and $500 per acre for 240 acres of Herring land. In addition, the trial court awarded to Huckabay the sum of $142,498 representing the additional expenses for periods up to ten years which the court estimated would be required by Mr. Huckabay because he can no longer use aerial spraying and will have to buy and use ground level equipment. As to the Herring property, the trial court awarded $132,615 for additional farming expense over the next ten *1330 years. Thus the awards to the two defendants were as follows:

HUCKABAY:
1. Severance damage to 63.4 acres
at $1,000 per acre                          $ 63,400
2. Additional farming expenses for
up to ten years                              142,498
TOTAL                                       $205,898
HERRING:
1. Severance damage to 240 acres at
$500 per acre                               $120,000
2. Additional farming expenses               132,615
TOTAL                                       $252,615

In addition to the above awards, the district court awarded to each defendant the sum of $3,750 as attorney's fees.

SEVERANCE DAMAGES AND ADDITIONAL FARMING EXPENSES

The principal dispute in these cases concerns the award by the trial court of both diminution in value to the remaining affected properties and in addition the increased farming expenses over periods up to ten years which will be required because of the difficulty or impossibility of future aerial spraying. Plaintiff and several other electric utility companies which have filed amicus curiae briefs contend this is a duplication of awards which exceeds the requirement of LSA—Louisiana Constitution of 1974, Article 1, § 4 that "the owner shall be compensated to the full extent of his loss."

The trial judge cited State, Department of Highways v. Westport Development Co., Inc., 332 So.2d 918 (La.App. 2d Cir. 1976) as authority for the rule that the land owner is entitled to "such damages as were proven with some mathematical certainty based on the evidence." Using this rule, the trial judge reasoned that defendants had proved by their expert witnesses that because of the inability to use aerial spraying the defendants will in the future have additional expenses in controlling the grasses, weeds and insects around the new towers and in purchasing new tractor pulled spraying equipment for use in spraying any crops grown under the power lines or on the remaining affected tracts. Much testimony was introduced into the record by defendants' experts to show all of these costs. The trial judge accepted some of these expenses as proved but rejected others as being too speculative.

The plaintiff and the amicus curiae briefs argue that in effect the trial judge has used the "cost to cure" approach, which is improper in the present case. Plaintiff contends the applicable rule in the present case is that stated in

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Bluebook (online)
446 So. 2d 1327, Counsel Stack Legal Research, https://law.counselstack.com/opinion/central-louisiana-elec-co-v-huckabay-lactapp-1984.