State, Department of Highways v. Clement

311 So. 2d 5, 1975 La. App. LEXIS 3709
CourtLouisiana Court of Appeal
DecidedMarch 10, 1975
Docket10160
StatusPublished
Cited by4 cases

This text of 311 So. 2d 5 (State, Department of Highways v. Clement) 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
State, Department of Highways v. Clement, 311 So. 2d 5, 1975 La. App. LEXIS 3709 (La. Ct. App. 1975).

Opinion

311 So.2d 5 (1975)

STATE of Louisiana, Through the DEPARTMENT OF HIGHWAYS
v.
Harold W. CLEMENT.

No. 10160.

Court of Appeal of Louisiana, First Circuit.

March 10, 1975.

*6 Charles E. Pilcher, John F. Sorli, Alva Jones and Johnie E. Branch, Jr., Baton Rouge, for appellant.

Aubrey L. Moore, Baton Rouge, for appellee.

Before SARTAIN, ELLIS and BARNETTE, JJ.

BARNETTE, Judge.

This appeal is from a judgment in an expropriation suit, wherein the State of Louisiana, through the Department of Highways, expropriated 1.065 acres of land in Livingston Parish for highway construction purposes. Suit was filed and the order for expropriation was signed October 14, 1965. The trial judge awarded to Harold W. Clement, the property owner, $14,525.00 for the portion taken and damage to the remainder. The Highway Department had deposited at the time of the taking $3,975.00 for which credit was allowed resulting in a balance of $10,550 plus expert witness fees and other costs. The Highway Department has appealed.

Four appraisers testified as experts, two each for the expropriating Department and the landowner. Their estimates of just compensation for the land taken and for severance and consequential damage to that remaining were respectively as follows:

For the Highway Department
H. Loren Willet              $4,358.00
George Platt                  6,184.00
For the landowner
Kermit Williams             $14,525.00
(alternate estimate
$14,672.00)
Earl R. Graham              $18,515.00

Mr. Platt and Mr. Williams are in agreement on the just compensation for the portion taken. Their acreage evaluation of the whole before the taking is identical except as to the portion encumbered with a power line servitude. This accounts in large part for their difference in assessment of severance damage. There is a wide divergence of opinion between them as to the consequential damage to the Clement residence. We will attempt to reconcile their differences in the hope of achieving substantial justice within jurisprudential guidelines.

The trial judge stated that he was "most impressed with the testimony of Mr. Williams" and accepted his estimate of just compensation, $14,525.00. We are more favorably impressed with the testimony of Mr. Platt, whose estimate of $6,184.00 appears to be well supported with logical analysis of comparable sales and sound reasoning in determining the extent of severance damage. We are not at liberty, however, to substitute our impression for that of the trial judge, nor render a different judgment except for substantial reasons. In the absence of manifest error his judgment should prevail. State Department of Highways v. McPherson, 261 La. 116, 259 So.2d 33 (1972); State, Department of Highways v. Osbon, 292 So.2d 898 (La.App. 1st Cir. 1974) writ denied 294 So.2d 836; State, Department of Highways v. Spillman, 276 So.2d 905 (La.App.1st Cir. 1973); State, Department of Highways v. Pommier, 270 So.2d 274 (La.App.3d Cir. 1972).

*7 Defendant Clement's homesite, before any encroachment by the electric power line and the highway, consisted of a rectangular tract of land containing 4.955 acres facing approximately east[1] with a frontage of 348.70 feet. The western boundary was 348.12 feet. The north and south boundaries were respectively 615.80 and 622.96 feet.

The property faced a rural residential road identified as 4-H Club Road, near the town of Denham Springs. The Clement residence was approximately 250 feet from the road and located among oak shade trees in the northern half of the rectangular plot. There was an outbuilding described as a tool shed or storage house, a crib, a dog pen and some fencing. A gravel driveway runs from 4-H Club Road to the dwelling. In general it was an attractive, rather modest, rural homesite.

The taking of the property in question was for right-of-way for Interstate Highway 12. Proceeding in a generally easterly direction from the Amite River bridge the highway begins an incline to the height necessary to overpass the 4-H Club Road. It is at this point that it traverses the Clement property. The part taken off the north side of the rectangular plot was 1.065 acres, triangular in shape. The long side of the triangle is 535.84 feet measured from the northwest (rear) corner of the property. This brings it to a point 79.96 feet back from the frontage on 4-H Club Road. The other leg of the right triangle runs along the rear line of Clement's property, parallel to 4-H Club Road a distance of 151.13 feet measured from the northwest corner. The hypotenuse of the right triangle, being 562.91 feet, is approximately (but not perfectly), a straight line connecting the ends of the two legs of the triangle. At the point where this line traverses nearest Mr. Clement's house, the distance from the right-of-way to the nearest corner of the house is twelve feet. At this point the right-of-way line is 114 feet from the pavement of the east bound traffic lane, and therefore, Clement's house is 126 feet from the nearest traffic lane.

The nearness of Mr. Clement's dwelling to the line of moving traffic going up an incline to reach the level of the 4—H Club Road overpass is a factor to be considered in determining severance and consequential damage. All the experts took this into account but their conclusions as to extent of damage resulting from traffic noise, impairment of view and privacy, varied from 25 to 80 per cent, experts Willet and Platt, the Department's appraisers, taking the lower estimate and experts Williams and Graham, the landowner's appraisers, using the 80 per cent estimate of damage. The difference in their respective estimates of damage to the dwelling resulted from the variance in their appraisals of the depreciated value of the house before the taking.

Their before-taking appraisals of the dwelling based on the estimate of cost, depreciated for years of use in proportion to the estimated remaining years of usage of the dwelling, not including storage shed, fences, driveway, etc. were as follows:

Willett    $8,493, Less
              20% depreciation   $6,794
Platt      $10,243, Less
              14% depreciation   $8,809
Williams[2]   $10,094, Less
              30% depreciation   $7,066
Graham2     $10,540, Less
              25% depreciation   $7,909

It should be noted that there is no great difference in these appraisals and the highest *8 and most favorable one from the landowner's standpoint is that of Mr. Platt, a Highway Department expert appraiser and witness.

A prior suit for expropriation of a power line right-of-way across the subject property was filed in March 1964 by Gulf States Utilities Company against this landowner, resulting in a judgment March 21, 1966, granting a perpetual servitude of right-of-way across the southern 150 feet of this 4.955 acre plot. This reduced Mr. Clement's unencumbered frontage on 4—H Club Road from 348.70 feet to 198.70 feet, approximately 43 per cent. For this Mr. Clement was awarded $4,293 for the 2.12[3] acres included in the right-of-way and $636.75 in severance damages.

The trial judge in that case found the value of Clement's property before the taking to be $2,250 per acre. The award for the servitude was 90 per cent of the fee value and the severance damage award was 10 per cent of the value of the unencumbered portion remaining.

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Related

State ex rel. Department of Highways v. Baton Rouge Realty Co.
339 So. 2d 1317 (Louisiana Court of Appeal, 1976)
State, Dept. of Hwys. v. Ross Continental Motor Lodge, Inc.
315 So. 2d 151 (Louisiana Court of Appeal, 1975)
State ex rel. Department of Highways v. Soileau
315 So. 2d 384 (Louisiana Court of Appeal, 1975)
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312 So. 2d 187 (Louisiana Court of Appeal, 1975)

Cite This Page — Counsel Stack

Bluebook (online)
311 So. 2d 5, 1975 La. App. LEXIS 3709, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-department-of-highways-v-clement-lactapp-1975.