State, Department of Highways v. Thurman

231 So. 2d 692
CourtLouisiana Court of Appeal
DecidedFebruary 2, 1970
Docket7852
StatusPublished
Cited by24 cases

This text of 231 So. 2d 692 (State, Department of Highways v. Thurman) 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. Thurman, 231 So. 2d 692 (La. Ct. App. 1970).

Opinion

231 So.2d 692 (1970)

STATE of Louisiana, Through the DEPARTMENT OF HIGHWAYS
v.
James K. THURMAN et ux.

No. 7852.

Court of Appeal of Louisiana, First Circuit.

February 2, 1970.
Rehearing Denied March 9, 1970.

*693 Johnie E. Branch, Jr., Baton Rouge, for appellant.

John W. Anthony, Bogalusa, for appellees.

Before LOTTINGER, REID and BLANCHE, JJ.

BLANCHE, Judge.

This is an appeal by the State of Louisiana, through the Department of Highways, hereinafter referred to as "the State" from a judgment rendered in favor of James K. Thurman and his wife, Mrs. Mary Kennedy Thurman, hereinafter referred to as "Thurman," in the sum of $4,245, representing compensation for property expropriated by the State together with severance damage to one of the remaining tracts. The record reflects the Thurman tract consisted of five acres measuring approximately 200 feet fronting on the former Louisiana Highway 21 just north of the city limits of Bogalusa, Louisiana, by approximately 1100 to 1200 feet in depth. The property was being used by Thurman as a suburban homesite. The State expropriated .959 acres of the Thurman tract for the right of way for the new Louisiana Highway 21, which in this area runs in a generally north-south direction. The expropriation resulted in the division of the Thurman property with a .7 acre tract lying east of the new highway and a 3.3 acre tract lying west thereof, on which latter tract the Thurman house is located some 600 feet west of the new highway. The State deposited the sum of $1,525 representing the value of the land and improvements expropriated; Thurman answered the suit withdrawing the deposit and claiming additional compensation and severance damages to both remaining tracts. The trial court awarded Thurman $3,000 for the value of the land expropriated, $300 for the replacement of a fence thereon and $945 as severance damage to the .7 acre remaining tract, or a net award to Thurman in the sum of $2,720, with interest as provided by law. The State deposited said amount in the registry of the court on November 7, 1966, and the same was withdrawn by appellees on December 9, 1966. The judgment of the trial court assessed as costs expert witness fees for the two experts used by Thurman at $100 each, with all costs taxed to the State. The State has appealed, seeking a reduction in the award of compensation and a *694 reversal of the award for severance damages, and Thurman has answered the appeal seeking an increase in the awards of compensation, severance damages and expert witness fees.

The State called two expert appraisers: Mr. Edward J. Deano and Mr. Henry B. Breeding, Jr. Mr. Deano appraised the Thurman property at $1,500 per acre and accordingly appraised the .959 acres expropriated at $1,439. He testified he used the market data approach in making his appraisal, and in particular used three sales of what he considered to be comparable property: (1) Bass to Herrington on November 27, 1964, the sale of 14 plus acres with house for $12,500 resulting in an estimated value of the land at $357 per acre, which tract is located about one mile south of the Thurman property; (2) Bruns to Stone on October 26, 1964, the sale of a tract slightly in excess of one-half acre for $2,000, which tract was located a short distance south of the Thurman property and which was part of a larger tract subdivided into lots; (3) Bruns to Perkins on November 17, 1964, the sale of another lot slightly larger than one-half acre also for $2,000, which was located to the rear of the Bruns to Stone tract and which fronted on the new highway. Mr. Deano testified he considered only these three sales to be valid comparables. Mr. Deano testified he adjusted the subject property in accordance with these comparables, consideration being given to the proximity of the Thurman tract to the city limits of Bogalusa, the unfavorable frontage-to-depth ratio, and other factors affecting the property value. He valued the improvements on the expropriated property which consisted only of an old fence at $120. He denied the existence of any severance damage either to the .7 acre remainder or the 3.3 acre remainder for the reason that the highest and best use of the .7 acre remainder and that part of the 3.3 acre tract to the west of the new highway was for homesite or small commercial operations, which resulting increase in property value would more than offset any otherwise existing severance damage. Mr. Breeding testified that he also appraised the Thurman property at $1,500 per acre with a resulting value of the expropriated property of $1,439, which appraisal was likewise made according to the market data approach with utilization of the same three comparables. Mr. Breeding valued the fence at $130. He likewise found no severance damage to either of the two remaining tracts, expressing the opinion that the highest and best use of the remainders fronting the new highway would be commercial.

Thurman likewise called two expert appraisers: Mr. Hoyt Garrick and Mr. James A. Stevenson. Mr. Garrick appraised the expropriated property at $5,000. He likewise testified he used the market data approach but in addition to the latter two comparables used by both experts for the State he resorted to five other sales: (1) Bustin and Bates to Brock on February 29, 1960, the sale of three acres for $7,200 or $2,400 per acre, which property is located 600 feet north of the Thurman tract on the same side of the former Louisiana Highway 21; (2) Bean to Watts Furniture Company, Inc., on September 30, 1965, the sale of 2.247 acres for $12,000; (3) Bean to Mizell on October 18, 1965, the sale of a lot measuring 179 feet by 300 feet for $8,500 located in the vicinity of the Thurman tract; (4) Roche and Adams to Sinopoli on June 28, 1962, the sale of a lot in Old River Estates some three and one-half miles south of the Thurman tract, measuring 162.55 feet by 179.15 feet for $2,750; (5) Roche and Adams to Bertionere on November 19, 1962, the sale of another lot in Old River Estates, measuring 185.4 feet by 200 feet for $2,200. His appraisal of $5,000 for the expropriated tract included the fencing thereon. He testified that the .7 acre remainder was worth $2,100 (the easternmost acre of the Thurman tract being valued separately at $3,000 per acre), which tract he said sustained severance damage in the sum of $1,300. He likewise testified pertaining to severance damages sustained by the larger 3.3 acre remainder.Mr. Stevenson likewise valued *695 the expropriated property with improvements at $5,000, using the same five comparables resorted to by Mr. Garrick together with the latter two comparables used by both experts for the State. Mr. Stevenson testified that the easternmost acre of the Thurman tract considered separately was worth $3,250 with the result that the .7 acre remainder thereof was worth $2,275. He testified this tract sustained 70 per cent severance damage or a diminution in value of $1,365. He likewise testified as to severance damage sustained by the 3.3 acre remainder.

The State contends that the trial court erred in fixing the value of the expropriated property at $3,000 per acre based on an offer to sell to the presiding judge himself and thereby in substituting his opinion for those of the testifying experts. In support of this contention the State cites the following portion of the trial court's Reasons for Judgment:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Southwestern Elec. Power Co. v. Scurlock
485 So. 2d 72 (Louisiana Court of Appeal, 1986)
State, Dept. of Transp. & Dev. v. Stephenson
480 So. 2d 909 (Louisiana Court of Appeal, 1985)
State, Dept. of Transp. & Develop. v. Henry
468 So. 2d 1262 (Louisiana Court of Appeal, 1985)
VALLEY ELEC. MEMBERSHIP CORP., INC. v. Wallace
465 So. 2d 986 (Louisiana Court of Appeal, 1985)
Southern Natural Gas Co. v. Poland
430 So. 2d 182 (Louisiana Court of Appeal, 1983)
Cajun Electric Power Cooperative, Inc. v. Estate of Thomas
408 So. 2d 1001 (Louisiana Court of Appeal, 1981)
STATE THROUGH DEPT. OF HIGHWAYS v. LeBlanc
388 So. 2d 412 (Louisiana Court of Appeal, 1980)
State, Dept. of Transp. v. Van Willett
386 So. 2d 1023 (Louisiana Court of Appeal, 1980)
Russell v. Amiss
386 So. 2d 656 (Louisiana Court of Appeal, 1980)
Moss v. Moss
379 So. 2d 1206 (Louisiana Court of Appeal, 1980)
State, Through Dept. of Highways v. Tate
355 So. 2d 1087 (Louisiana Court of Appeal, 1978)
State Dept. of Highways v. Terrebonne
349 So. 2d 936 (Louisiana Court of Appeal, 1977)
State Through Dept. of Highways v. Ponder
345 So. 2d 106 (Louisiana Court of Appeal, 1977)
Parish of East Baton Rouge v. Thomas
346 So. 2d 364 (Louisiana Court of Appeal, 1977)
State, Dept. of Highways v. Eubanks
345 So. 2d 533 (Louisiana Court of Appeal, 1977)
Welcker v. Welcker
342 So. 2d 251 (Louisiana Court of Appeal, 1977)
State ex rel. Department of Highways v. James
321 So. 2d 888 (Louisiana Court of Appeal, 1975)
New Orleans Great Northern Railway Co. v. City of New Orleans
299 So. 2d 426 (Louisiana Court of Appeal, 1974)
State ex rel. Department of Highways v. Mertens
273 So. 2d 555 (Louisiana Court of Appeal, 1973)

Cite This Page — Counsel Stack

Bluebook (online)
231 So. 2d 692, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-department-of-highways-v-thurman-lactapp-1970.