Florida Gas Transmission Co. v. Dupont

264 So. 2d 708
CourtLouisiana Court of Appeal
DecidedJune 26, 1972
DocketNos. 8841 and 8842
StatusPublished
Cited by2 cases

This text of 264 So. 2d 708 (Florida Gas Transmission Co. v. Dupont) 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
Florida Gas Transmission Co. v. Dupont, 264 So. 2d 708 (La. Ct. App. 1972).

Opinion

TUCKER, Judge.

In these two suits which have been consolidated plaintiff Florida Gas Transmission Company, a corporation organized, chartered, and existing under the laws of the state of Delaware, authorized to do business in Louisiana, and recognized as a natural gas company as defined by the provisions of Title 15, U.S.C.A., sec. 717(a)(b), seeks to expropriate a servitude in two adjoining tracts of land owned respectively by defendants in these two suits, and described as follows:

Section 10 of Township 9 South, Range 11 East, Southeast District of Louisiana West of the Mississippi River in Iber-ville Parish, containing 166.59 acres, and Section 11 of Township 9 South, Range 11 East, Southeast District of Louisiana West of the Mississippi River in Iberville Parish, containing 164.06 acres.

Having negotiated with defendants in good faith for the acquisition of a conventional right of way and servitude, but having failed to agree upon the compensation to be paid therefor, and being the holder of a certificate of public convenience and necessity issued by the Federal Power Commission to construct an additional pipeline which will become part of plaintiff’s natural gas transmission system, plaintiff instituted these proceedings by virtue of the authority of U.S.C.A. Title 15, sec. 717f(h) and L.R.S. 19:2(7) to acquire by expropriation the necessary right of way and servitude over defendants’ lands as described above.

The land involved in these two suits, totaling approximately 330 acres, is located west of the Intracoastal Canal on the westerly side of Bayou Grosse Tete, in a rural and largely undeveloped portion of Iber-ville Parish. Each of the adjoining tracts is relatively long and narrow and fronts on Bayou Grosse Tete. The tracts are already severed by Louisiana Highway 77, a blacktopped road which runs along the Bayou. Each tract is severed, also, by a 170 feet Gulf States Utilities Company servitude, about one-half mile from Bayou Grosse Tete, which servitude contains enormous 100 to 120 feet high steel towers carrying wires charged with more than 500,000 volts of electricity. Plaintiff is seeking the servitude herein for the purpose of constructing an eight-inch natural gas pipeline to carry gas from producing [710]*710wells owned by Dow Chemical Company located in Iberville Parish and to connect with plaintiff’s existing system. The pipeline proposed also will supply natural gas to the Iberville Parish Police Jury for its natural gas system. The proposed pipeline is to be placed 30 inches beneath the surface and will be constructed entirely within the existing 170 feet wide Gulf States Utilities servitude, although the 30 feet permanent servitude will include a five feet strip outside the power line right of way.

No serious questions regarding plaintiff’s right to expropriate the property here involved was raised in the trial court, nor any questions regarding the public necessity and the purpose of the pipeline. The trial judge granted the servitudes as prayed for; found the highest and best use of the property involved to be industrial and fixed compensation at Two Hundred Thirty-nine and no/100 ($239.00) Dollars for the servitude in each suit. He awarded Thirty-six and no/100 ($36.00) Dollars for the temporary construction servitude granted in each suit, and also severance damages at the rate of Fifty-six and no/100 ($56.00) Dollars per acre for the entire acreage of the two tracts.

Plaintiff has paid the total amount fixed by the trial judge in each case and has appealed alleging that the trial judge erred in holding that the highest and best use of each tract is industrial; in awarding severance damages; and in disregarding the testimony of plaintiff’s witnesses regarding severance damages. Defendants have answered plaintiff’s appeal in each case praying for an increase in judgment.

Plaintiff’s witness, Chester A. Driggers, set the value of the land taken for the servitude at One Hundred Eighty-five and no/100 ($185.00) Dollars; while his other witness, Mr. Oren Russell, set it at Fifty Dollars and no/100 ($50.00) Dollars. Both of plaintiff’s witnesses found the highest and best use of the property involved to be agricultural, and neither found any severance damage. Defendants' witnesses Kermit Williams and C. C. Book, set the value of the servitude respectively at Four Hundred Five and no/100 ($405.-00) Dollars and Three Hundred Forty and no/100 ($340.00) Dollars based upon a finding of the highest and best use of the tracts to be industrial.

During the course of the trial considerable time and effort was devoted to the problem of determining which category, agricultural or industrial, represented the classification for which the property was best suited. The trial judge did not favor us with written or oral reasons for judgment, and we can only surmise the bases for his finding that the highest and best use of the two subject tracts is industrial. We are of the opinion that the preponderance of the evidence presented establishes the highest and best use of the land involved to be agricultural. The land is now being used for agricultural pursuits. Percentage-wise about 55% of the land is cleared and approximately 45:% is densely wooded. There is no industrial, residential or commercial development of any kind in the immediate vicinity of these tracts. Plaquemine, the parish seat of Iberville Parish, is about 10 miles away by road, and the town of Grosse Tete lies about 12 miles to the northwest. No substantial question has been raised on appeal about the value of the servitude taken.

In his finding that the subject tracts bore an industrial character, the trial judge probably relied on the holding in the case of Gulf States Utilities v. Heck, 191 So.2d 761 (La.App. 1st Cir. 1966). In the cited case the Heck property which is contiguous to the tracts involved here was adjudged to have a reasonably foreseeable industrial character. The Heck property, as distinguished from the Dupont property herein, fronts on the Intracoastal Canal, while the tracts involved in this case do not abut thereon. It has been six and one-half years since the Heck property was determined to be industrial. However, there has been absolutely no industrial development of any kind on it, nor is any such development contemplated according [711]*711to the record here. There is no evidence of persons or entities interested in purchasing the tracts for industrial purposes, and any potential which these Dupont tracts may have for industrial use is so highly speculative as to be unreliable for such a finding in the instant proceedings. See Shell Pipe Line Corp. v. Lone Star Estates, Inc., 127 So.2d 745 (La.App. 4th Cir. 1961) and Transcontinental Gas Pipeline Corp. v. Bourgeois, 116 So.2d 888 (La.App. 1st Cir. 1959).

Defendants’ appraisers were unconvincing in their composite opinion that the subject tracts had an industrial usefulness, especially for marine activities, because the property was readily accessible to navigable waters. The record reflects, however, that there was considerable conflict between the expert witnesses with respect to the accessibility of the properties to barge traffic. It is true that Bayou Grosse Tete intersects the Intracoastal Canal at a point south of these tracts, but any marine industrial development would be inhibited by the presence of La. Rte. No. 77 which parallels Bayou Grosse Tete and separates the bayou from the subject tracts.

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

Related

Davol Square Jewelry v. Narragansett Bay
Superior Court of Rhode Island, 2009
Florida Gas Transmission Co. v. Dupont
266 So. 2d 444 (Supreme Court of Louisiana, 1972)

Cite This Page — Counsel Stack

Bluebook (online)
264 So. 2d 708, Counsel Stack Legal Research, https://law.counselstack.com/opinion/florida-gas-transmission-co-v-dupont-lactapp-1972.