State, Department of Highways v. Shelton

192 So. 2d 161, 1966 La. App. LEXIS 4541
CourtLouisiana Court of Appeal
DecidedOctober 31, 1966
DocketNo. 10637
StatusPublished
Cited by8 cases

This text of 192 So. 2d 161 (State, Department of Highways v. Shelton) 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. Shelton, 192 So. 2d 161, 1966 La. App. LEXIS 4541 (La. Ct. App. 1966).

Opinion

GLADNEY, Judge.

This expropriation suit was instituted on January 11, 1961 in connection with a portion of the Federal aid project 1-20 between Calhoun and West Monroe in Ouachita Parish. The action so taken affected 5.485 acres for right of way purposes, .048 acres for a drainage servitude, and severance damages to the remainder of the tract, 54.47 acres. The Department of Highways deposited into court its estimate of damages: Value of land and servitude $684.00, damages, $2,126.00, or a total of $2,810.00. The defendant landowner, Tom R. Shelton, timely filed an answer in the proceedings asserting that the amount was insufficient. Subsequently the case was tried during October and December of 1965 resulting in a judgment awarding the defendant landowner the sum of $4,290.00, being $1,480.00 in excess of the amount deposited upon the [162]*162initial taking. From this judgment the defendant has appealed.

Appellant complains the judgment of the trial court was in error: (1) In failing to give effect to the testimony of F. O. Seymour, an expert appraiser for defendant; (2) in failing to award damages adequate to provide access to the property; (3) and in measuring defendant’s severance damages as of the date of taking in 1961, and in not determining such damage as of the date of trial.

In brief before this court counsel for appellant does not seriously question the findings of the trial court with respect to the value of the land taken in the right of way and for the servitude of drain, a total of $750.00 therefor. Proof as to these items was adequate, the trial court relying upon the testimony of two of appellee’s expert witnesses and upon the testimony of J. Wayne Medley, an expert witness produced by the defendant. There is no reason for disturbing this portion of the judgment.

Our further consideration will be primarily directed towards ascertaining the adequacy of the award for severance damages by the trial court in the amount of $3,540.00. During the course of the trial the Department of Highways relied upon the testimony of expert appraisers W. Dean Carter and Chester Driggers and the defendant Shelton offered the testimony of appraisers F. O. Seymour and J. Wayne Medley for the purpose of determining the value of the property remaining after severance of the property taken.

Prior to these proceedings the property of the defendant consisted of a 60 acre tract of land located approximately 7 miles west of the City of West Monroe. Access was provided by a narrow dirt road running along a ridge in the direction of Highway 80 west of the subject property. The effect of the taking by plaintiff of 5.485 acres was to close this means of ingress and egress. After the taking the property was bounded on the south by the Illinois Central Railroad, on the north by 1-20 and on the east and west by private property upon which there are no public roads.

The testimony of F. O. Seymour was not given consideration by the trial court in fixing the market value of the property for the reason that the trial court was convinced the property was not suitable for subdivision purposes as Seymour had testified. We find no error in the trial court’s nonacceptance of the testimony of F. O. Seymour that the property was more valuable for subdivision purposes. There appears no justification for such a conclusion due to its location, some seven miles from West Monroe, the nearest populous area.

The court accepted the testimony of three experts who testified the best use of the property was for timber growing. These witnesses placed an approximate value of $135.00 per acre on the 60 acre tract prior to the taking and concluded that 55 acres remaining in the tract after the taking and without access was worth from $70.00 to $85.00 per acre. Consistent with this evidence the trial court fixed the severance damages at $3,540.00.

As a result of the construction of 1-20 the remainder of defendant’s property is “landlocked”, that is, it was left without means of egress and ingress by public road and Shelton earnestly contends that he was not allowed a sufficient amount in damages to restore access. The road which existed prior to the expropriation was a narrow dirt road without ditching and was more or less a trail or passageway not frequently utilized. J. M. Norris, a surveyor, testified that the road was not always passable, but led north to Highway 80. It is indicated that the estimated cost of replacement across the most direct route, with adequate fill and culverts to a width of 20 feet, would cost an estimated $6,878.33. By reducing the road to a 10 or 12 foot width, thus equating the width of the former dirt road, and by eliminating drainage culverts, the total cost was estimated at $5,128.33. Medley, de[163]*163fendant’s appraiser, testified that after construction of the proposed road the property would generate a value of $275.00 an acre. However, he expressed the opinion that construction of the road would not be economically feasible, as its cost, plus the cost of obtaining the right of way, would exceed the appreciation in value of the property caused thereby. After considering the cost of providing an access road, the trial court concluded its total cost would exceed the value of the land prior to its expropriation, and held defendant’s position untenable. Quoting LSA-R.S. 48:453 which provides, inter alia, that damages to the remainder of the property shall be determined as of the date of trial, the trial judge reasoned:

“The law appears well founded and settled as to the manner, the time and the evidence to be considered in the fixing of severance damage. The value of the land is to be fixed as of the date of the ‘taking’, both for the expropriated portion and for the diminishing of the value of the remaining property by the ‘taking’. The damages themselves are to be assessed from the evidence which exhibits that damage to the Court as of the date of trial. But as damages relate to market value or the real value of the subject property it will relate back to the date of the ‘taking’.

“This Court does not mean to make ‘short ■shrift’ or to treat lightly this argument, but ordinarily the very construction of the highways, such as 1-20, immediately and ■dramatically improve and increase the value •of property along such rights-of-way. Defendant’s argument would condemn the expropriator of any property for such road ■construction to severe damages by reason of the improvement of accessibility to property and the natural increase in market value of the property adjacent thereto. In the instant case defendant’s property has been adversely affected and access and use has been limited by reason of the construction, but much property in the vicinity of defendant’s property has increased tremendously in value merely by reason of the construction of this highway through a hilly, unopened and sparsely populated area.

“The expropriating body must, of course, contemplate within some reasonable bounds, the expenditures needed for the construction along their proposed rights-of-way. If public bodies were required by law to speculate as to damage five, ten or fifteen years distant, dependent upon the time required for completion of the construction, inflation, etc., it is conceivable that little progress could be made in the construction of highways and other public improvements because of the highly speculative character of the amounts involved in the proposed construction.

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Related

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461 So. 2d 1282 (Louisiana Court of Appeal, 1985)
State ex rel. Department of Highways v. James
321 So. 2d 888 (Louisiana Court of Appeal, 1975)
State ex rel. Department of Highways v. Babin
312 So. 2d 187 (Louisiana Court of Appeal, 1975)
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State ex rel. Department of Highways v. Bernelle
203 So. 2d 777 (Louisiana Court of Appeal, 1967)
State ex rel. Department of Highways v. Shelton
193 So. 2d 528 (Supreme Court of Louisiana, 1967)

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Bluebook (online)
192 So. 2d 161, 1966 La. App. LEXIS 4541, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-department-of-highways-v-shelton-lactapp-1966.