Oughton v. Gaddis

683 So. 2d 390, 1996 WL 640836
CourtMississippi Supreme Court
DecidedNovember 7, 1996
Docket94-CA-00525-SCT
StatusPublished
Cited by10 cases

This text of 683 So. 2d 390 (Oughton v. Gaddis) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Oughton v. Gaddis, 683 So. 2d 390, 1996 WL 640836 (Mich. 1996).

Opinion

683 So.2d 390 (1996)

Priscilla OUGHTON
v.
Michael S. GADDIS, Thomas B. Gaddis, Richard Scott Gaddis and Edwin M. Gaddis.

No. 94-CA-00525-SCT.

Supreme Court of Mississippi.

November 7, 1996.

*391 Stan T. Ingram, Heidelberg & Woodliff, Jackson, for appellant.

Joe Clay Hamilton, Hamilton & Linder, Meridian, Deanne M. Mosley, Jackson, for appellee.

Before SULLIVAN, P.J., and JAMES L. ROBERTS, Jr., and SMITH, JJ.

SMITH, Justice, for the Court:

Michael S. Gaddis, Thomas B. Gaddis, Richard S. Gaddis, and Edwin M. Gaddis, [hereinafter Gaddis brothers], owned a parcel of landlocked property fronting the Chunky River in Lauderdale County. The Gaddis brothers were granted an easement by the county board of supervisors for ingress/egress over land owned by Priscilla Oughton, [hereinafter Oughton].

Oughton sought relief from the supervisor's decision from the Circuit Court of Lauderdale County. The lower court awarded damages to Oughton by computing the amount of land taken by the dollar value of the best current use of the entire tract. Oughton argues that the lower court was incorrect in its computation. Oughton claims that the lower court improperly utilized a general per acre value based upon a best use as agricultural for the entire tract of land, whereas the value of the portion of land actually "taken" was much higher than the remainder of the property, because the "taken" property was riverfront property which had a highest and best use as recreational property.

Oughton also contends that her expert witness should have been allowed to testify as to the value of the taken property relative to the other potential uses of the land. Finally, she contends that the lower court should have awarded damages to cover her cost of erecting a fence on either side of the easement.

The Gaddis brothers rebut by arguing that the proper evidentiary predicate was not laid to allow testimony concerning the land's value if it was developed, and that Oughton failed to show that a fence was necessary.

We conclude that the trial court erred in disallowing Oughton's expert testimony and that the lower court's computation of value, utilizing only a general per acreage value of the entire tract of land based upon only a single use was incorrect. Property may have several uses as was clearly indicated by the excluded testimony of Cook, Oughton's expert witness.

The lower court also erred in holding that there was no showing by Oughton that a fence, located on either side of the easement was necessary. The lower court failed to factor into consideration the fact that the vast majority of Oughton's property is best suited for agriculture, that cattle were pastured thereon until 1991, and that cattle could be pastured on the property again. Nor was consideration given to the fact that once the easement was constructed a fence was necessary to keep people out of Oughton's property. We therefore must reverse on both issues.

*392 ISSUES
I. WHETHER THE LOWER COURT ERRED IN EXCLUDING THE LANDOWNER'S EVIDENCE REGARDING THE DIFFERENT PER ACREAGE VALUES OF DIFFERENT PARTS OF THE SUBJECT PROPERTY?
II. WHETHER THE LOWER COURT ERRED IN REFUSING TO AWARD THE LANDOWNER THE COSTS OF BUILDING A FENCE ON BOTH SIDES OF THE EASEMENT?

STATEMENT OF FACTS

In April 1991, the Gaddis brothers bought a piece of land which borders the Chunky River in Lauderdale County, Mississippi. The Gaddis property is shaped like a triangle and consists of 18 acres. On two sides of the Gaddis property is land owned by Priscilla Oughton. The third side is the Chunky River. In other words, the Gaddis property is legally and factually landlocked, and unless a bridge is constructed over the Chunky River, the Gaddis brothers have no access to their property.

The Gaddis brothers paid $15,000 for their property. The intended use of that property was recreational: hunting, fishing and camping. They eventually erected a small camp site and cleared an area to place a boat in the River. The remainder of the Gaddis property is used for timber. The Oughton property, likewise, has been used for various uses: farming, timberland, camping, and recreation.

The Gaddis brothers eventually petitioned the county board of supervisors to grant an easement on the Oughton property to allow them ingress/egress onto their property. The record indicates that Oughton may not have received proper notice to come to the hearing on this matter. However, in the case before us, the lack of notice issue is not pressed by either party. At the hearing, the county board of supervisors granted the easement. When Oughton learned of the decision, she petitioned the lower court for relief.

A bench trial was held on May 12, 1994. In the lower court, both sides brought expert witnesses on the value of the land. Alex Smith, a real estate appraiser, testified for the Gaddis brothers that the highest and best use of the Oughton property was for agriculture and timber production. Smith arrived at the figure of $450 per acre for the Oughton property by comparing the other agricultural and timberland properties in that area. Under Smith's analysis, the Oughton property contained 518 acres, which at $450 per acre, resulted in a total value of $233,100. Thus, since the easement was 1.2 acres total, he multiplied $450 against 1.2 acres, and subtracted this amount from the original total value. However, on cross-examination, Smith admitted that the Gaddis Brothers had paid an average of $800 an acre, which somehow, he felt was not comparable to the situation at hand.

Oughton offered proof from Edsel Cook, a real estate appraiser who testified that although Oughton's land was best used for agricultural and timber purposes, part of the land bordering the River, had a higher value and was best used for recreation. The Gaddis brothers' attorney objected to this testimony, and the judge sustained the objection stating that "[t]here can only be one highest and best use of the entire tract." Later, when considering the issue of the fence costs, the judge again reiterated this sentiment:

My understanding of the law that exists in this state is that only one highest and best use can be established for a particular parcel of property. It cannot be subdivided or split up and different parcels of the property assigned different highest and best uses. The whole parcel must be established to have one highest and best use.

Cook had attempted to testify that the Oughton riverfront property had a market value of $2,000 per acre, a figure arrived at by looking at the comparable sale of the Gaddis property, which was similar in size and location to the riverfront property. Cook stated that the riverfront property of Oughton's lot, containing 11.8 acres, would be damaged by the establishment of an easement because the proposed easement would run too close to the River and would cut *393 down the size of any riverside lots that Oughton could sell for use as camping, fishing, or hunting grounds. Therefore, since the riverfront property with the proposed easement would no longer be suitable for recreational use, the land would only be suitable for timberland or agricultural use, with a value of $450 per acre. Thus, Cook calculated the damages to the property after the establishment of the easement at $1,550 an acre (which is the same as $2,000 minus $450), or approximately, $18,000 in total.

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Cite This Page — Counsel Stack

Bluebook (online)
683 So. 2d 390, 1996 WL 640836, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oughton-v-gaddis-miss-1996.