Gulf States Utilities Company v. Cormier

182 So. 2d 176, 1966 La. App. LEXIS 5451
CourtLouisiana Court of Appeal
DecidedJanuary 18, 1966
Docket1575
StatusPublished
Cited by20 cases

This text of 182 So. 2d 176 (Gulf States Utilities Company v. Cormier) 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
Gulf States Utilities Company v. Cormier, 182 So. 2d 176, 1966 La. App. LEXIS 5451 (La. Ct. App. 1966).

Opinion

182 So.2d 176 (1966)

GULF STATES UTILITIES COMPANY, Plaintiff and Appellant,
v.
Clemile CORMIER, Defendant and Appellee.

No. 1575.

Court of Appeal of Louisiana, Third Circuit.

January 18, 1966.
Rehearing Denied February 7, 1966.

*177 Bailey & Mouton, by W. C. Hollier, Lafayette, for plaintiff-appellant.

McBride & Brewster, by William H. McBride, Lafayette, for defendant-appellee.

Before FRUGÉ, TATE and HOOD, JJ.

HOOD, Judge.

This is an expropriation suit instituted by Gulf States Utilities Company, a public utility corporation, against Clemile Cormier. Plaintiff seeks to obtain a right-of-way or servitude, 100 feet wide, over and across defendant's property in Lafayette Parish, Louisiana, for the construction and operation of an electric transmission line.

Eleven other actions, almost identical to the instant suit, were instituted about the same time by plaintiff against other landowners, in each of which suits plaintiff seeks the same type of servitude over other lands in that immediate area. These suits bear Nos. 1576 to 1586, inclusive, of the docket of this court 182 So.2d 183 to 203, and all of them have been consolidated with the present suit for trial and appeal. We are rendering a separate judgment in each of these consolidated cases on this date.

The tracts of land affected by all of these consolidated cases are located in Lafayette Parish, about seven or eight miles northwest of the City of Lafayette, near the unincorporated communities of Vatican and Ossun. The location of the right-of-way *178 sought by plaintiff in that area and the approximate location of all of the tracts of land affected by these suits are shown in the following sketch:

*179 The electric transmission lines which plaintiff expects to string along this right-of-way are to be supported by H-frame structures located about 600 feet apart. The two upright poles which constitute a part of each such structure will be 75 feet high and will be spaced 20 feet apart. The crossbars on each structure will be 36 feet long. These supports will be erected along the center of the right-of-way, the two poles on each structure to be located 10 feet on either side of the center line of such right-of-way.

The rights granted to plaintiff include the right to repair and patrol the lines, to replace them, to construct necessary guy wires or braces, to cut and remove trees and brush from the right-of-way, and to have ingress and egress at all times to and from the land included in the servitude. The defendant will not be permitted to erect any structures on the property included in the servitude, but he may fence it in and may use it for his own purposes so long as such use does not interfere with the rights being expropriated by plaintiff.

The instant suit relates only to the tract of land which is owned by Clemile Cormier, the defendant in this action, and which is designated as Parcel 13 on the above sketch. This parcel of land contains 24.85 acres, but for the purposes of this suit it is considered as being two separate but contiguous tracts, one containing 19.85 acres and the other 5 acres. The 19.85-acre tract is rectangular in shape, it is high, well drained land and it is located about one-fourth mile north of a parish gravel road which leads from Ossun to Carencro. It has no frontage on a public road, and access to and from the property is obtained by means of a dirt lane which runs from the gravel road to a point near the southwest corner of that tract. The 5-acre tract is a long, narrow strip of land which adjoins the larger tract at its southeast corner and extends southward to the public gravel road. A tenant farmer resides on the property and uses it for agricultural purposes.

The servitude sought by plaintiff enters the south line of the 19.85-acre tract about midway between the east and west boundaries, and from that point it extends in a northeasterly direction to the north boundary. A total of 1.48 acres is included in this 100-foot right-of-way. There are no buildings or other structures within the servitude area.

The trial judge awarded defendant the sum of $1100.00 for the servitude or right-of-way taken, and the additional sum of $918.50 as severance damages. Plaintiff appealed, contending that the trial court erred in awarding any severance damages at all and that the award for the taking should be reduced to $800.00. Defendant makes no complaint as to the award for the taking, but he has answered the appeal contending that the award of severance damages should be increased, and that there should be an increase in the fees allowed the expert appraisers who testified in behalf of the defendant.

Four expert appraisers testified at the trial, Dan A. Ritchey, Jr., and Allen J. Angers testifying in behalf of plaintiff in all of these consolidated cases, and Lloyd Smith and Chester L. Martin testifying for defendants in all such cases. All four of these witnesses are clearly qualified by training and experience to value and appraise property, and the trial court, correctly and without objection, recognized them as expert appraisers. Each used the market data approach in determining the market value of each item of property involved in these consolidated cases, and each testified as to the other sales which he considered to be comparable and which he used in arriving at his conclusions as to value and severance damages.

Both of the appraisers called by plaintiff felt that the highest and best use of the 19.85-acre tract involved in this particular *180 suit was for "agricultural" purposes. The appraisers called by defendant felt that the highest and best use of such property was for "rural homesites." The trial judge, accepting the opinions expressed by defendant's experts, concluded that the property was best suited for use as "rural homesites."

Plaintiff contends that the trial court erred in reaching that conclusion, basing that argument largely on the fact that the property is without road frontage and that it has always been used for agricultural purposes. We agree that the purpose for which the property has been used prior to the time of the taking may be a factor to be considered in determining what is its highest and best use, but it is not the determining factor. It frequently occurs that property has not been and is not being used for the purpose for which it would have the greatest value. In State of Louisiana, through Department of Highways v. Williams, La.App. 2 Cir., 170 So.2d 152, for instance, at least a part of the property which theretofore had been used for farming purposes was determined to be best suited for use as homesites. And in Texas Gas Transmission Corp. v. Broussard, 234 La. 751, 101 So.2d 657, it was determined that the highest and best use of the property involved there was for small acreage homesites and campsites, although it previously had been used solely for farming and grazing purposes.

The property involved in the instant suit is located within one-fourth of a mile from the center of the unincorporated village of Ossun. This is a very small community, but defendant's experts testified that it is growing, that subdivisions are being created up and down the highway in that area, and that there is a demand for homesites in and near these small villages. Although the 19.85-acre tract has no frontage on a public road, defendant's 5-acre contiguous tract does have public road frontage, and thus defendant has access to the public road from the larger tract.

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

Related

Louisiana Intrastate Gas Corp. v. Ledoux
347 So. 2d 4 (Louisiana Court of Appeal, 1977)
State v. Jenkins
207 So. 2d 380 (Louisiana Court of Appeal, 1968)
Central Louisiana Electric Co. v. Brooks
201 So. 2d 679 (Louisiana Court of Appeal, 1967)
State ex rel. Department of Highways v. Lormand
201 So. 2d 370 (Louisiana Court of Appeal, 1967)
Louisiana Power & Light Company v. Ristroph
200 So. 2d 14 (Louisiana Court of Appeal, 1967)
Texas Gas Transmission Corporation v. Young
198 So. 2d 453 (Louisiana Court of Appeal, 1967)
Trunkline Gas Co. v. Monsur
196 So. 2d 54 (Louisiana Court of Appeal, 1967)
Veillon v. Columbia Gulf Transmission Company
192 So. 2d 646 (Louisiana Court of Appeal, 1966)
State, Department of Highways v. LeDoux
184 So. 2d 604 (Louisiana Court of Appeal, 1966)
Gulf States Utilities Co. v. Comeaux
182 So. 2d 183 (Louisiana Court of Appeal, 1966)
Gulf States Utilities Co. v. Begnaud
182 So. 2d 193 (Louisiana Court of Appeal, 1966)
Gulf States Utilities Co. v. Roger
182 So. 2d 194 (Louisiana Court of Appeal, 1966)
Gulf States Utilities Co. v. Sonnier
182 So. 2d 195 (Louisiana Court of Appeal, 1966)
Gulf States Utilities Company v. Comeaux
182 So. 2d 187 (Louisiana Court of Appeal, 1966)

Cite This Page — Counsel Stack

Bluebook (online)
182 So. 2d 176, 1966 La. App. LEXIS 5451, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gulf-states-utilities-company-v-cormier-lactapp-1966.