Louisiana Power & Light Co. v. Caldwell

353 So. 2d 1343
CourtLouisiana Court of Appeal
DecidedJanuary 13, 1978
Docket11577
StatusPublished
Cited by6 cases

This text of 353 So. 2d 1343 (Louisiana Power & Light Co. v. Caldwell) 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
Louisiana Power & Light Co. v. Caldwell, 353 So. 2d 1343 (La. Ct. App. 1978).

Opinion

353 So.2d 1343 (1977)

LOUISIANA POWER & LIGHT COMPANY
v.
Jeanne Leche, wife of Vernon L. CALDWELL, Jr., et al.

No. 11577.

Court of Appeal of Louisiana, First Circuit.

October 17, 1977.
Rehearing Denied November 21, 1977.
Writ Refused January 13, 1978.

*1344 Donald L. Peltier, Peltier & Peltier, Thibodaux, and Eugene G. Taggart, Monroe & Lemann, New Orleans, for plaintiff and appellant.

John F. Pugh, Pugh, Lanier & Pugh, Thibodaux, for defendants and appellees.

Before LOTTINGER, EDWARDS and PONDER, JJ.

LOTTINGER, Judge.

This is an expropriation suit instituted by Louisiana Power & Light Company (LP&L), pursuant to LSA-R.S. 19:2(7), seeking a right of way across property belonging to the defendants, Jeanne Leche, wife of Vernon L. Caldwell, Jr., John Vernon Caldwell and Albert B. Caldwell. From a judgment of the Trial Court granting a right of way other than that selected by LP&L, plaintiff has appealed.

The property owned by defendants over which this right of way is sought is located in the northwest quadrant of the intersection of the old La. 20 and a blacktop parish road, generally referred to as the Forty Arpent Road, in Lafourche Parish, Louisiana. LP&L seeks to expropriate a right of way for its 230 KV transmission line along and adjacent to the Forty Arpent Road across defendants' property. The width of the right of way sought is 100 feet, with 40 feet of the 100 feet being inside the existing Forty Arpent Road right of way. The center line of the proposed right of way is 10 feet north of the north edge of the road right of way, with the power poles being located along the right of way center line and spaced approximately 500 feet apart. The function of the 230 KV line is to transport power between LP&L's Thibodaux electric substation[1] and LP&L's Terrebonne electric substation, located approximately 8 miles south of the city of Thibodaux.

As proposed, the LP&L route would leave the substation and travel south along the east side of La. 20 to the parish road, thence turn west along the north side of the parish road until the west boundary line of defendants' property where it would meet up with a right of way previously acquired by LP&L.

There is presently a 100 foot right of way owned by LP&L existing across defendants' property parallel to and approximately 2,300 feet north of the parish road. Defendants proposed that the 230 KV line be constructed adjacent to this existing right of way with the acquisition of only as much additional right of way as needed, up to their western boundary line, thence turning south along the western boundary line until the intersection of the western boundary line and the parish road, at which point this right of way would meet up with the previously acquired LP&L right of way. Defendants argue basically that their farming operations conducted on the subject property would be greatly disrupted by the LP&L proposal in that the headland located immediately north of the parish road would have to be reconstructed, and the crop spraying would be adversely affected by a powerline next to the road.

The Trial Judge in his written reasons for judgment found that "prior to the filing of the suit, defendants had requested that the right of way be located adjacent to an earlier right of way already in existence *1345 across their property." The Trial Judge further concluded "that the evidence does not indicate to this Court that plaintiff conducted bona fide negotiations with the landowner before planning its route or exercising its right of condemnation. As the Court recalls the testimony of Mr. Bauer the right of way south from the substation to the intersection of the black top road with the St. Patrick Highway was procured from the Leverts before they even contacted the defendants in the suit and apparently plaintiff determined the crossing spot without considering the reaction of defendants to this second invasion of their property."

The Trial Judge granted LP&L a right of way along the route suggested by defendants and awarded $22,500.00 as just compensation. In appealing LP&L contends the Trial Judge erred:

"(1) By substituting an alternate route for the one selected by the electric utility for the construction, operation and maintenance of its 230 KV transmission line.
"(2) By imposing upon the electric utility an alternate route which is not feasible from an economic and engineering standpoint and which does not fulfill the needs of the electric utility for the construction, operation and maintenance of its 230 KV transmission line.
"(3) By awarding expert fees for the defendants' real estate appraisers in amounts that are unduly excessive."

ERRORS NOS. 1 AND 2

In support of errors numbers 1 and 2, plaintiff-appellant basically argues that the route selected by LP&L is the best route from the standpoint of sound economic and engineering practices; that the alternate route is based on the convenience of the landowners; and that the Trial Court did not make any specific fact finding that the 230 KV line at the location selected by LP&L would be unsafe.

Generally it is well settled and recognized in condemnation proceedings that the expropriating authority's selection of the route or location will not be disturbed unless such authority has abused its discretion, acted in bad faith, or acted arbitrarily or unreasonably, Central La. El. Co. v. Covington & St. Tammany L. & I. Co., 131 So.2d 369 (La.App. 1st Cir. 1961). Some jurisdictions make a distinction between public and private expropriating authorities, 29A C.J.S. Eminent Domain § 90 (1965), however, in Louisiana no such distinction has been made. In addition, it is also settled that the availability of additional or alternate routes will not affect the authority's use of their selected route, Central La. El. Co. v. St. Tammany L. & I. Co., supra.

This expropriation proceeding was instituted pursuant to LSA-R.S. 19:2(7) which provides:

"Where a price cannot be agreed upon with the owner, any of the following may expropriate needed property:
* * * * * *
"(7) Any domestic or foreign corporation created for the purpose of generating, transmitting and distributing electricity and steam for power, lighting, heating, or other such uses. The generating plants, buildings, transmission lines, stations, and substations expropriated or for which property was expropriated shall be so located, constructed, operated, and maintained as not to be dangerous to persons or property nor interfere with the use of the wires of other wire using companies or, more than is necessary, with the convenience of the landowners; * * *." (Emphasis supplied).

We note that of the nine categories under LSA-R.S. 19:2 authorized to expropriate needed property, it is only in category number 7 wherein there is any mention of the convenience of the landowners. Certainly, there must be some significance to this distinction and difference.

Plaintiff-appellant cites to this Court the case of Central La. El. Co. v. Covington & St. Tammany L. & I. Co., supra, for the proposition that an electric utility company is not required to suit in detail the convenience of each owner and to *1346 protect him from all possible danger. We do not disagree with this rule, however, each case must be determined by its own facts.

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Bluebook (online)
353 So. 2d 1343, Counsel Stack Legal Research, https://law.counselstack.com/opinion/louisiana-power-light-co-v-caldwell-lactapp-1978.