Faustina Pipe Line Co. v. Broussard

450 So. 2d 17, 1984 La. App. LEXIS 8577
Louisiana Court of Appeal·Decided April 11, 1984·No. 83-597·Published·Cited by 13 cases

Opinion

450 So.2d 17 (1984)

FAUSTINA PIPE LINE COMPANY, Plaintiff-Appellant,
v.
Minos J. BROUSSARD, et al, Defendants-Appellees.

No. 83-597.

Court of Appeal of Louisiana, Third Circuit.

April 11, 1984.
Writ Denied June 8, 1984.

*18 Sonnier & Hebert, Charles R. Sonnier, Abbeville, Broadhurst, Brook, Mangham, Hardy & Reed, Michael J. O'Shee and Michard R. Mangham, Lafayette, for plaintiff-appellant.

Thompson, Sellers & Bundick, Roger C. Sellers, Abbeville, for defendants-appellees.

*19 Before GUIDRY, FORET and CULPEPPER[*], JJ.

FORET, Judge.

This is an appeal in an expropriation suit. Plaintiff-appellant, Faustina Pipe Line Company, brought suit to expropriate a pipeline servitude across the land of defendant-appellee, Minos J. Broussard. Also made defendant was Ricky Broussard, Minos J. Broussard's tenant on the land sought by Faustina. As a result of defendants' failure to timely answer plaintiff's petition, the only issue at the first phase of the trial was the amount of compensation that plaintiff should pay. The trial court awarded defendants compensation in the amount of $5,806.65. Plaintiff appealed this judgment. Following the filing of this appeal, the trial court rendered a judgment ordering plaintiff to pay attorney's fees and court costs. Plaintiff also appealed this decision. Both appeals have been consolidated for decision and all issues are dealt with in this opinion[1].

Several issues are presented by this consolidated appeal:

(1) Whether the trial court erred in accepting defendants' witness as an expert.
(2) Alternatively, whether the lower court erred in giving greater weight to the testimony of defendants' expert.
(3) Whether the trial court erred in its determination of the highest and best use of the property taken.
(4) Whether the court erred in its determination of the value of the land taken, and the compensation due defendant, Minos J. Broussard, for the permanent and temporary servitudes granted to plaintiff.
(5) Whether the lower court erred in awarding severance damages to defendant, Minos J. Broussard.
(6) Whether the trial court's award of attorney's fees was excessive.
(7) Finally, in the event that this Court reduces the trial court's award to a sum less than that offered by plaintiff prior to trial, whether this Court should assess court costs against defendants and eliminate the award of attorney's fees.

FACTS

Plaintiff, Faustina Pipe Line Company, is a foreign corporation doing business in the State of Louisiana. It is a corporation created for and engaged in the business of piping and marketing natural gas. Plaintiff plans to construct a natural gas pipeline which will begin near the Bayou Henry Gas Plant in Vermilion Parish and run approximately fourteen miles to a point within Lafayette Parish, where it will branch into two segments.

One of the tracts of land across which plaintiff seeks a pipeline servitude is owned by defendant, Minos J. Broussard. This tract contains approximately twenty-one acres and is situated in Vermilion Parish, along the west side of Highway 339 (a hard-surfaced highway) one and one-half to two miles north of the town of Erath. A brick veneer home and other minor improvements are located on the front portion of the property near the highway. The back portion of the property where the pipeline will run is presently used for agricultural purposes. Minos J. Broussard's tenant, Ricky Broussard, also a defendant in this suit, raises soybeans on this portion of the property. There are already four pipelines which run in a parallel fashion across this part of defendant's land. Plaintiff proposes to construct its pipeline on the west side of and immediately adjacent to these other pipelines.

Plaintiff and defendant, Minos J. Broussard, were unable to agree on the amount of compensation for the servitude which *20 plaintiff sought. Plaintiff brought expropriation proceedings. Since defendants did not answer plaintiff's petition timely, they were precluded from contesting plaintiff's right to expropriate the pipeline servitude. The only issue at trial was the amount of compensation that plaintiff should pay.

In a judgment signed April 11, 1983, the trial court ordered the expropriation of a permanent pipeline servitude and the temporary servitude for its construction. The court also ordered plaintiff to pay compensation in the following amounts:

To Ricky Broussard, $320 for crop damage; To Minos J. Broussard, $80 for crop damages, $2,476.09 for the permanent pipeline servitude $2,215.47 as severance damages and $720 for the temporary servitude.

Following the rendition of this judgment, defendants requested that the court order plaintiff to pay attorney's fees and court costs. Prior to the trial, plaintiff's highest offer to defendants was $1,955—$3,851.65 less than the amount eventually awarded by the trial court. In a judgment rendered June 2, 1983, the trial court ordered plaintiff to pay $4,410 in attorney's fees and all court costs, including $1,000 in expert fees.

TRIAL COURT'S QUALIFICATION OF DEFENDANTS' WITNESS AS AN EXPERT

Defendants' expert witness, Kearney Dronet, is a licensed real estate broker. He has extensive experience dealing with real estate in the area where defendant's property is located and is familiar with local conditions. See Maddox v. Percy, 351 So.2d 1249 (La.App. 1 Cir.1977), writ denied, 353 So.2d 1336 (La.1978). Mr. Dronet has developed property in the area since 1951 and has been a contractor since 1967. Since becoming a broker in 1979, he has done appraisals.

In its brief, plaintiff complains that Dronet had only completed two of a number of courses required to qualify him as a member of the American Society of Real Estate Appraisers. We find that Dronet's lack of certain formal training did not disqualify him as an expert. His extensive experience in the local real estate market was sufficient reason for the court's decision to accept him as an expert witness.

"Structured-learning in a school-setting has never been the sole manner in this country for the acquisition of expertise in a specific field."

Maxwell v. State, Department of Transportation & Development, 391 So.2d 1230 (La.App. 1 Cir.1980), writ denied, 394 So.2d 281 (La.1980). The qualification of an expert witness rests within the sound discretion of the trial judge and his determination will not be disturbed absent a showing of manifest error. Matter of Aaron, 417 So.2d 105 (La.App. 3 Cir.1982); Roberts v. Tiny Tim Thrifty Check, 367 So.2d 64 (La. App. 4 Cir.1979); Maddox v. Percy, supra; Sledge v. Aluminum Specialties Manufacturing, Inc., 351 So.2d 835 (La.App. 1 Cir.1977). In the instant case, the trial judge acted properly in accepting defendants' witness as an expert.

WEIGHT GIVEN TO THE TESTIMONY OF THE EXPERTS

Plaintiff claims that it was error for the trial court to give more weight to the opinions of defendants' expert than it gave to the opinion of its experts.

We note, at the outset, that the trial judge did not give greater weight to the opinion of defendants' expert in deciding many of the issues before it.

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Faustina Pipe Line Co. v. Broussard, 450 So. 2d 17, 1984 La. App. LEXIS 8577 (La. Ct. App. 1984).

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