State, Department of Highways v. McPherson

259 So. 2d 33, 261 La. 116, 1972 La. LEXIS 5690
CourtSupreme Court of Louisiana
DecidedFebruary 28, 1972
Docket51091
StatusPublished
Cited by62 cases

This text of 259 So. 2d 33 (State, Department of Highways v. McPherson) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana 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. McPherson, 259 So. 2d 33, 261 La. 116, 1972 La. LEXIS 5690 (La. 1972).

Opinions

[122]*122SUMMERS, Justice.

The Department of Highways instituted this expropriation suit to acquire 115.374 acres across the farm of J. B. McPherson, Jr., in Madison Parish as a right of way for the Delhi-Waverly section of Interstate 20. The expropriation is sought in the manner authorized by Article VI, Section 19.1 of the Constitution and Title 48 of the Revised Statutes, Sections 441 to 460, inclusive,

McPherson’s farm is roughly trapezoidal in shape with the short and parallel lines running north and south and the long lines running generally east and west. It contains 1662 acres.

The order of taking is dated June 21, 1968 and divests the owner of a strip of land 300 feet wide extending in an east-west direction, diagonally across the farm. An irregular, somewhat rectangular area on the west side of the farm is also taken for construction of an interchange and overpass where La. Highway 577 runs across the 1-20 right of way in a north-south direction.

The case was tried in June 1969. At that time construction of this project was proceeding from west to east. The right of way enters McPherson’s property roughly 500 yards north of the southwest corner. It proceeds from that point in an east-southeasterly direction a distance of two miles exiting defendant’s property on its southern boundary approximately one-half mile west of the southeast corner. Thereby defendant’s property is divided into two segments. A small triangular segment to^ the south of the expropriated right of way contains approximately 111.19 acres, and the northern remainder or parent tract contains the balance of the acreage north of the property taken.

At the time of the taking, the farm was-bounded on the north by a railroad right of way. Joe’s Bayou, a well-defined, meandering stream, enters the property about two-thirds of a mile from its northwest corner, dips to the south about one-half mile and then curves to the northwest, leaving the farm near its northwest corner.

La. Highway No. 577 serving the Waverly area also enters just east of the bayou and meanders in a southerly direction to' the southwest corner of the farm, traversing the 1-20 right of way near the southwest corner. Several small tracts along this highway within the defendant’s farm are owned by others. Prior to the taking, on December 15, 1966, defendant sold a. 20-acre tract in the southwest corner of the farm, which, together with a one-acre tract he did not own, forms the southwest quadrant of the interchange area.

A slough draining the western and northwestern parts of the farm, runs-through the interchange area to the farm’s south boundary just east of Highway 577. It has been deepened and widened and was [124]*12430 feet wide in 1968. The slough has been incorporated into the parish drainage system.

The Department deposited $47,495 in the registry of the court as the value of the land taken. This deposit is based upon an appraised value of $410 per acre, concurred in by two expert appraisers called by the Department. Neither appraiser felt that McPherson should be awarded severance damage for diminution in value to the remaining property, being of the opinion that if any severance damage resulted it would be more than adequately offset by the enhanced value resulting to defendant’s land by construction of the interchange.

By McPherson’s testimony and the testimony of his expert appraisers it was established that the farm had been acquired in two purchases, one in August, 1965 and the other in September 1966, for about $325 per acre. Thereafter McPherson improved the land by clearing trees from large tracts, “chunking” (removing debris), constructing drains, installing culverts, leveling, filling, enlarging fields, and building field roads. He accumulated a cotton allotment of 350 acres and produced the entire allotment. The balance and greatest part of the cultivable land is devoted to the production of soybeans; the entire farm being operated as a single unit under intensive cultivation. In addition to the capital improvements enhancing the property’s value, a widespread and marked increase in land values during the period from the purchase to the taking was responsible for further increases in value.

Appraisers called by McPherson impressed the trial judge, as they do us, as being extremely well qualified through education and practical experience. Both' were well acquainted with property values in the vicinage. All appraisers considered the property’s highest and best use to be for agricultural purposes — farming cotton and soybeans. William P. Williams, one of the appraisers, used the market data and income approach for ascertaining the value of the land. He concluded the value of the land was $455 per acre as of June 1968, the date of the taking. Malcolm C. Sevier, the other appraiser, using the market data approach, concluded the land had a value of $500 per acre at the time of the taking.

The trial judge found the Sevier appraisal to be most realistic and accepted $500 as the value of the property taken. He, therefore, awarded $57,745 to McPherson for this claim. Without detailing the procedure used or the data accumulated by the appraisers to arrive at these values, we find them to be amply supported by the record.

McPherson also asserts that the taking diminishes the value of the remaining property. A feature of the farm’s value as a producing unit is its size and its develop[126]*126ment for cultivation. An elevated road running diagonally across the farm, altering the size and shape of the fields and impairing the natural southerly drainage, materially and substantially affect the property’s utility and its market value.

A field road running across the farm from east to west, generally along the route of the proposed highway, will be expropriated; it will not be available after the taking to provide access within the farm to the north or to the south. The south remainder, a triangular tract of 111.19 acres, is effectively severed from the parent tract on the north by the limited access highway. Hereafter ingress and egress to and from the south remainder from the parent tract must be accomplished by using Highway 577 and traversing the overpass at the interchange. Upon entering the south remainder from Highway 577, or leaving the south remainder to get to Highway 577, the only access route, it will be necessary to traverse the slough which runs the entire length north and south of the south remainder near its western boundary. ' Thus, without a bridge to traverse the slough, defendant is effectively cut off from all that portion of the south remainder lying east of the slough, or approximately 100 acres.

Since the south remainder will hereafter be triangular in shape, its utility for farming is greatly impaired. The large, expensive implements required for the type soybean and cotton producing operation conducted by defendant cannot, without danger, negotiate the overpass in traffic to get to the south remainder from the parent tract, nor can these implements traverse the slough without a substantial bridge. Hereafter the eastern extremity of the south remainder, converging into a narrow point, as it does, will not lend itself to the use of these large implements.

Destruction of the field road, heretofore utilized by the defendant as an access, route from Highway 577 on the west to-the area of the farm north and south of the field road, and to the eastern reaches of the farm, will require the construction of another road to replace it along the north line of the interstate highway.

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Bluebook (online)
259 So. 2d 33, 261 La. 116, 1972 La. LEXIS 5690, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-department-of-highways-v-mcpherson-la-1972.