State, Department of Highways v. Stein

301 So. 2d 384
CourtLouisiana Court of Appeal
DecidedOctober 9, 1974
Docket6383
StatusPublished
Cited by3 cases

This text of 301 So. 2d 384 (State, Department of Highways v. Stein) 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. Stein, 301 So. 2d 384 (La. Ct. App. 1974).

Opinion

301 So.2d 384 (1974)

STATE of Louisiana Through the DEPARTMENT OF HIGHWAYS
v.
Harry STEIN et ux.

No. 6383.

Court of Appeal of Louisiana, Fourth Circuit.

October 9, 1974.

*385 D. Ross Banister, William W. Irwin, Jr., Jerry F. Davis and Johnie E. Branch, Jr., Baton Rouge, for plaintiff-appellant.

Martin, Himel & Peytavin, John L. Peytavin, Lutcher, for defendants-appellees.

Before STOULIG, BOUTALL and SCHOTT, JJ.

SCHOTT, Judge.

This is a highway expropriation case involving 16.708 acres taken from a tract of land on the east bank of the Mississippi River in St. James Parish. The trial judge awarded $20,885 for the property taken and $48,574.82 for severance damages to the remainder of defendants' property. Plaintiff has appealed from that portion of the judgment awarding severance damages while defendants have neither appealed nor answered the appeal. Plaintiff's contentions are that there was no severance damage, and in the alternative that any severance damage was offset by special benefits to the remainder of defendants' property as a result of the construction of the project.

Defendants' land measures about 3,000 feet along the Mississippi River and runs back to the 80 arpent line between narrowing side lines. It is bisected from east to west by the Sunshine Bridge to Donaldsonville and by the right-of-way of Highway 3089 running from the bridge toward the Airline Highway in Sorrento. The property is bisected on the western end by Louisiana Highway 44, the River Road, running north-south through the property. This appeal is concerned with the effect the construction of the subject project had on some 604 acres of property fronting on the River Road on the west and extending away from the river straddling the approaches of the Sunshine Bridge and the bridge itself with its corresponding servitude over defendants' property.

Prior to the subject taking, the Sunshine Bridge approaches consisted of Highway 3089 running from east to west leading directly into the ramp of the bridge and two cloverleaf type curving roadways on each side of the approach to the bridge, connecting the bridge to the River Road. This configuration is shown on Figure 1. At *386 that time there was no direct connection between Highway 3089 and River Road which necessitated the subject project. As shown on Figure 2, this project consisted of the construction of parallel roadways south of the existing bridge and ramps running from River Road on the west to Highway 3089 just east of the bridge.

The roadway accommodating west bound traffic on Highway 3089 curved off the highway to the north, turned under the Sunshine Bridge in a southerly direction, and then turned in a westerly direction at that point where it paralleled the other roadway which came from River Road and then bent to the north linking with Highway 3089 accommodating traffic moving in an easterly direction.

As the result of this taking defendants' property was cut into five distinct parcels: Parcel 1, a cone shaped piece consisting of 3.122 acres was bounded on the south by the new twin roadways, on the north the original bridge ramp, on the east by the *387 convergence of these three roadways, and on the west by the River Road; Parcel 2, consisting of 54.7 acres was bounded on the north by the new twin roadways, on the south by the original property line of defendants, on the west by the River Road and on the east by a 300 foot segment of the railroad line which traverses the entire property from north to south; Parcel 3, consisting of 276.1 acres was bounded on the west by that same segment of railroad, on the north by newly constructed roadways, and by existing Highway 3089, and on the east and south by defendants' original property lines; Parcel 4, consisting of 7.397 acres, was bounded on the south and east by the newly constructed roadways, on the west by the railroad and on the north by the servitude belonging to the Sunshine Bridge, and having physical access under the bridge to remaining Parcel 5, consisting of 246.2 acres on the north side of the Sunshine Bridge, segments of the newly constructed ramp north of the bridge and Highway 3089.

The trial judge found that severance damage did result from the project to defendants' property on the south side of the bridge and Highway 3089, i. e., Parcels 1, 2, 3, and 4, but that no damage resulted to Parcel 5.

Chester A. Driggers, one of plaintiff's two experts, testified that there was no severance damage to defendants' property on the south side of the bridge but on the contrary this property was increased in value by $77,710 as a result of special benefits from the project. He detailed these benefits as consisting of an increase of $5,000 per acre to Parcel 1, $1,000 per acre to Parcel 2 and $1,000 per acre increase to Parcel 4. As to No. 1, he opined that this became an ideal commercial corner as a result of increased highway frontage resulting from the new road on the south side of this parcel. Similarly, the new highway frontage on the north side of Parcel 2 provided an increase in its value. Parcel 4 became an attractive small industrial tract because of the railroad frontage on it, and from 29.2 feet of accessible highway frontage on the new roadway on its south.

The other expert called by the plaintiff, Julius A. Bahlinger, concurred for the most part with Driggers.

On the other hand, defendants' experts, Kermit Williams and John Lejeune, were of the opinion that the property had suffered severance damage. They insisted that before the taking property on the south side of the bridge was an integrated tract, ideal for industrial use, with 1,300 feet of river frontage, highway frontage along the River Road, 1,200 feet of railroad frontage and accessibility to pipelines and powerlines in the vicinity. As a result of the taking, railroad frontage for Parcels 2 and 3 was reduced to 300 feet, too short a distance to accommodate railroad sidings on the property. Williams rejected the theory that the property as a whole was benefited by the conversion of the small Parcel 1 to a commercial site as was suggested by Driggers. Williams opined that industrial users are not attracted by the presence of or close proximity to small commercial developments, maintaining that the highest and best use of these remainders was industrial rather than commercial. Williams found that the distorted irregular shape of Parcel 1 would offset any advantage it might have gotten by increased access to highway frontage, that the damage done to Parcels 2 and 3 by curtailment of railroad frontage caused these tracts was considerable and that the isolation of Parcel 4, except for a theoretical 29.2 foot length of highway frontage, caused considerable damage to it. Williams concluded that Parcel 1 suffered a loss of 66% with a resulting value of $450 per acre, that Parcels 2 and 3 suffered a 10% loss with a resulting value of $1,125 per acre, and that Parcel 4 suffered a 50% loss or had a resulting value of $675 per acre. Lejeune agreed substantially with the opinions advanced by Williams.

*388 In resolving the conflicts between these pairs of experts, the trial court in reasons for judgment said the following:

"All the experts were in agreement that the property under consideration was valuable and desirable from any point of view. Mr. Driggers and Mr.

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Related

State ex rel. Department of Highways v. Finkelstein
340 So. 2d 1040 (Louisiana Court of Appeal, 1976)
State ex rel. Department of Highways v. Johnson
341 So. 2d 12 (Louisiana Court of Appeal, 1976)
State ex rel. Department of Highways v. Sotile
309 So. 2d 873 (Louisiana Court of Appeal, 1974)

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