Louisiana Power & Light Co. v. Mobley

482 So. 2d 706
CourtLouisiana Court of Appeal
DecidedDecember 26, 1985
Docket84 CA 1083 to 84 CA 1089
StatusPublished
Cited by5 cases

This text of 482 So. 2d 706 (Louisiana Power & Light Co. v. Mobley) 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. Mobley, 482 So. 2d 706 (La. Ct. App. 1985).

Opinion

482 So.2d 706 (1985)

LOUISIANA POWER & LIGHT COMPANY
v.
Lorraine Zeringue, wife of/and Roger L. MOBLEY.
LOUISIANA POWER & LIGHT COMPANY
v.
Thomas William SMITH.
LOUISIANA POWER & LIGHT COMPANY
v.
Eloise Spears, wife of/and Elbert W. THOMAS.
LOUISIANA POWER & LIGHT COMPANY
v.
Alva Otto SMITH, et al.
LOUISIANA POWER & LIGHT COMPANY
v.
Dewey B. SMITH.
LOUISIANA POWER & LIGHT COMPANY
v.
Marie Badeaux, wife of/and Terry PATKE.
LOUISIANA POWER & LIGHT COMPANY
v.
Terrance Kenneth SMITH.
LOUISIANA POWER & LIGHT COMPANY
v.
Karen Naples, wife of/and George C. KOCKE, Jr.

Nos. 84 CA 1083 to 84 CA 1089.

Court of Appeal of Louisiana, First Circuit.

December 26, 1985.
Rehearing Denied February 7, 1986.
Writs Denied March 31, 1986.

*707 Jim W. Richardson, Bogalusa, Eugene G. Taggart and John Turner, New Orleans, for plaintiff and appellant La. Power and Light Co.

John Gallaspy, Bogalusa, for Lorraine Zeringue, wife of and Roger L. Mobley, Karen Naples, wife of and George C. Kocke, Jr. and Eloise Spears, wife of and Elbert W. Thomas.

Richard Brown, Bogalusa, for Alva Otto Smith, Dewey B. Smith, Marie Badeaux, wife of and Terry Patke and Terrance Kenneth Smith.

Jack Rogers, Baton Rouge, for Dewey B. Smith.

Jack Dunn, Metairie, for Karen Naples, wife of and George C. Kocke, Jr.

Before GROVER S. COVINGTON, C.J., and WATKINS and SHORTESS, JJ.

SHORTESS, Judge.

Eight expropriation suits were filed by Louisiana Power & Light Company (LP & L/plaintiff) in Washington Parish, where they were consolidated and tried. Pursuant to the authority of LSA-R.S. 19:1, et seq., LP & L sought to acquire from the respective landowners (defendants) a 200-foot wide right-of-way running generally north and south in Washington Parish for the construction, operation and maintenance of a 500,000-volt electric transmission *708 line. This line will be overhead and consist of three phases supported by large steel H-frames every 1,000 feet.

There are two groups of landowners involved. One group of three own adjoining tracts in the north-central portion of the Parish. These defendants will be referred to individually as Kocke, Thomas and Mobley. The second group is located in the central part of the Parish closer to Bogalusa and will be individually referred to as Terrance Smith, Alva Smith, Dewey Smith, Thomas Smith[1] and Terry Patke.

The trial court found that the plaintiff proved its case by a preponderance of the evidence as to the public purpose and need. It awarded just compensation and damages to each of the defendants in varying amounts. It also granted plaintiff reasonable rights of ingress and egress for the purpose of going to and from the servitude over the remaining properties of the defendants. LP & L has appealed the various awards of compensation and damages. Defendants have answered the appeal, seeking additional awards and reversal of that part of the trial court judgment which granted ingress and egress over the remainder of their land.

PUBLIC PURPOSE

LP & L produced several witnesses who testified that this line was necessary to tie into its Mississippi line and to take said line to its Bogalusa switching station; that said line will provide electricity to the general southeastern Louisiana area and in particular the fast-growing area north of Lake Pontchartrain; that without this line LP & L would be unable to provide the additional capacity needed to serve this growing population; that its present sources are inadequate even when considering interconnection with other systems; that southeastern Louisiana needs a north-south transmission line to bring cheaper Mississippi power into the area; that without this transmission line LP & L would be unable to import cheap electricity from the north and would be forced to generate power from its oil- and gas-fired capacity which would be more costly to the users; that this line will effect an economic savings to its customers of billions of dollars through 1990; that the route selected was chosen because it avoided residential areas, stuck to property lines, took into consideration the owners' convenience and was most economical.

The defendants produced no evidence to rebut this prima facie showing of public purpose, need and location on the part of LP & L. We cannot say that the trial court was clearly wrong in finding that:

LP & L presented ample evidence supporting the proposition that the line is needed in order to fulfill the current and future electrical needs of the area. The landowners did not rebut any of the evidence. There was no showing that LP & L acted in bad faith, arbitrarily or unreasonably. Therefore, neither the decision by LP & L to construct the line nor LP & L's decision as to the location of the line will be disturbed.

PART TAKEN

Thomas Dowell and James Stevenson were plaintiff's real estate appraisers and testified as to real estate values and damages. Both used the market value approach and found comparable sales within the general proximity of subject properties. Both found the highest and best use for these properties to be rural residential. The comparables found by these appraisers were generally the same. Based on said comparables and their independant analyses, Dowell found a unit value of $1,625.00 per acre for the Kocke property, $1,400.00 per acre for the Thomas property, and $1,400.00 for the Mobley property. Dowell estimated a residual use of 25% would remain after the takings and discounted accordingly. Stevenson estimated that the *709 Kocke property was worth $1,450.00 an acre; that the Thomas property was worth $1,395.00 an acre; and that the Mobley property was worth $1,450.00 an acre. He estimated a residual value after the taking of 10%.

Dowell and Stevenson were also plaintiff's appraisers for the Smiths and Patke properties located in the middle portion of the Parish. These tracts were much smaller in total area but both appraisers were able to find comparable sales to assist them in their analyses of value. Dowell's valuation for these tracts ranged from $2,250.00 to $2,750.00 per acre. He estimated a residual value after the taking of 25% and discounted accordingly. Stevenson's valuation for these properties ranged from $1,800.00 to $2,000.00, and he estimated a 10% residual value after the taking.

Defendants' appraisers were G. Wallace White, Don Spiers and Kermit Wayne Williams. White and Spiers did appraisals for all but the Dewey Smith tract, which was done by Williams. These appraisers also used the market value approach and found comparable sales to assist them in their valuations in the general vicinity to the subject properties. They were all of the opinion that the highest and best use for all these properties was rural residential. Defendants' appraisers found many of the same comparables used by LP & L's appraisers. White placed a unit value of $1,650.00 per acre on the Kocke property, $2,000.00 per acre on the Thomas property, and $1,550.00 per acre on the Mobley property. He assigned no residual value to the part taken after the taking. Spiers estimated the value of the Kocke property at $1,800.00 per acre, the Thomas property at $2,000.00 per acre, and the Mobley property at $1,850.00 per acre. He placed a residual value of 10% on each of these three properties after the taking.

The Alva Smith tract involves multiple ownership.

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Cite This Page — Counsel Stack

Bluebook (online)
482 So. 2d 706, Counsel Stack Legal Research, https://law.counselstack.com/opinion/louisiana-power-light-co-v-mobley-lactapp-1985.