Pointe Coupee Elec. Mem. Corp. v. Mounger

447 So. 2d 1104
CourtLouisiana Court of Appeal
DecidedFebruary 28, 1984
Docket83 CA 0300, 83 CA 0301
StatusPublished
Cited by15 cases

This text of 447 So. 2d 1104 (Pointe Coupee Elec. Mem. Corp. v. Mounger) 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
Pointe Coupee Elec. Mem. Corp. v. Mounger, 447 So. 2d 1104 (La. Ct. App. 1984).

Opinion

447 So.2d 1104 (1984)

POINTE COUPEE ELECTRIC MEMBERSHIP CORPORATION
v.
Emma Eloise Glynn MOUNGER.
POINTE COUPEE ELECTRIC MEMBERSHIP CORPORATION
v.
Thomas C. MOUNGER and Faye Glynn Mounger Lacour.

Nos. 83 CA 0300, 83 CA 0301.

Court of Appeal of Louisiana, First Circuit.

February 28, 1984.

*1107 Athena B. Piedrahita, Baton Rouge, for plaintiff-appellant.

David M. Ellison, Jr., Baton Rouge, for defendant-appellee.

Before LOTTINGER, EDWARDS and ALFORD, JJ.

ALFORD, Judge.

Plaintiff-appellant, Pointe Coupee Electric Membership Corporation, filed two expropriation suits seeking 80 foot wide servitudes for the erection of an electric transmission line over the lands owned by defendants-appellees. In the first suit, appellant sought to expropriate approximately 14.62 acres from the land owned by Emma Eloise Glynn Mounger. In the second suit, appellant sought to expropriate approximately 5.62 acres from the land owned in indivision by Thomas C. Mounger and Faye Glynn Mounger Lacour. The two cases were consolidated for trial and appellant has appealed from the judgments rendered in both cases. Appellees have answered the respective appeals seeking an increase in the severance damage awards.

Appellees did not contest the taking of the property, and thus, the only matters under consideration at trial were the value of the land taken and damages. The trial court found the highest and best use of each of the two tracts taken was for rural residential or industrial development in their entirety. The fair market value of the land taken was determined to be $4,500.00 per acre with a servitude value of 90% of the fair market value. This resulted in awards of $59,211.00 for the land taken from the Emma Mounger tract and $22,761.00 for the land taken from the Thomas Mounger and Faye Lacour tract.

After the trial court's written reasons for judgment were read in open court, argument was heard on the issue of severance damages. The trial court found that appellees sustained severance damages to a 175 foot strip west of and parallel to the servitudes to the extent of 10% of the servitude value. This resulted in awards of $13,081.00 to Emma Mounger and $4,987.45 to Thomas Mounger and Faye Lacour.

The trial court's written reasons for judgment were read in open court on October 27, 1982. Judgments were signed on November 10, 1982, reflecting the awards for the value of the servitudes and severance damages. On November 16, 1982, appellees filed motions to withdraw the funds deposited in the registry of the court, to fix attorney's fees, to fix expert witness fees and for new trials. On November 22, 1982, appellant filed exceptions to appellees' motions to withdraw, to fix attorney's fees and to fix expert's fees. Additionally, appellant filed a motion to dismiss appellees' motions and to vacate the order granting the appraisal fees. All of these matters came to be heard on December 15, 1982, with the result that the appellees' motion for new trials were denied, attorney's fees in the amount of $6,098.24 were awarded and appraisal fees were increased to $2,100.00.

Although appellant alleges some seventeen assignments of error, there are in reality only three issues presented in this appeal. These issues are whether the trial court erred in its findings as to: 1) highest and best use, 2) severance damages and 3) attorney's and expert's fees.

Appellant called two expert witnesses in the field of real estate appraisal to testify on its behalf. The first, Oren W. Russell, was of the opinion that both tracts were of such a nature as to each have two highest and best uses. First, he felt that those portions of each tract fronting on La. 416 *1108 could be utilized as rural residential homesites with the remaining land in each tract suitable for agricultural uses. In relation to the property being taken, it was Mr. Russell's opinion that the Emma Mounger tract contained 1.47 acres suitable for rural residential development and 13.08 acres suitable for agricultural uses. Regarding the Thomas Mounger and Faye Lacour tract, it was Mr. Russell's opinion that 1.47 acres was suitable for rural residential development with 4.15 acres best suited for agricultural uses.

Using the comparable sales approach, Mr. Russell determined that the lands suitable for rural residential development had a fair market value of $5,100.00 per acre with the remaining agricultural lands worth $1,390.00 per acre. Mr. Russell valued the servitude at 80% of the market value of the property and found no severance damage to defendants' remaining property.

Appellant's next expert, Mr. George Platt, also reached the conclusion that the two tracts involved in this litigation each had the two highest and best uses testified to by Mr. Russell. Mr. Platt's testimony did slightly differ in the amounts of each tract attributable to the two uses. It was his opinion that of the property taken from the Emma Mounger tract, 1.837 acres were suitable for rural residential development with the remaining 12.783 acres usable for agriculture. As to the property taken from the Thomas Mounger and Faye Lacour tract, Mr. Platt felt 1.837 acres were suitable for rural residential development with the remaining 3.783 acres suitable for agricultural uses.

Mr. Platt's testimony differed significantly from the testimony of Mr. Russell and appellees' expert regarding the fair market value of the two pieces of property. Based upon comparable sales, Mr. Platt determined that those portions of the tracts suitable for rural residential development had a fair market value of $3,300.00 per acre, with the agricultural lands valued at $1,500.00 per acre. Mr. Platt also valued the servitude at 80% of the market value of the land and found no severance damages.

Appellees called Mr. John Lejeune as their expert in the field of real estate appraisal. In contrast to the other experts, Mr. Lejeune testified that in his opinion, the highest and best use for each of the two tracts was rural residential development in their entirety. Using the comparable sales approach, Mr. Lejeune determined that the fair market value of the land was $5,000.00 per acre and he valued the servitude at 95% of the fair market value of the land. Also in marked contrast to appellant's experts, Mr. Lejeune determined that appellees would suffer substantial severance damages to the remainder of their property. It was his opinion that an area 175 feet west of and parallel to the proposed transmission line servitudes would be adversely affected. Mr. Lejeune proposed that in relation to the properties, the first 87.5 feet parallel to the servitudes would be damaged by 60% and the next 87.5 foot strip would be damaged in the amount of 40%.

Both of the tracts involved in this litigation are located in Sections 50 and 51, Township 5 South, Range 11 East, in Pointe Coupee Parish near the town of Glynn. In addition, both tracts share the following characteristics: 1) they are separated from each other by La. Hwy. 416; 2) they both have substantial frontage on La. Hwy. 416, with the Emma Mounger tract having additional frontage on La. Hwy. 982; 3) both tracts are burdened with a 245 foot wide Gulf States Utilities servitude upon which a transmission line has been erected; 4) both tracts are burdened with a 100 foot wide Texas and Pacific Railroad right-of-way; and 5) at the time of trial the majority of the land comprising both tracts was being used for sugarcane production, however, two acres were being leased as an industrial site. The land owned by Emma Mounger totals in excess of 200 acres and the Thomas Mounger and Faye Lacour contains approximately 116 acres.

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Bluebook (online)
447 So. 2d 1104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pointe-coupee-elec-mem-corp-v-mounger-lactapp-1984.