State, Department of Highways v. Wax

295 So. 2d 833
CourtLouisiana Court of Appeal
DecidedSeptember 18, 1974
Docket9818-A, 9818-B
StatusPublished
Cited by20 cases

This text of 295 So. 2d 833 (State, Department of Highways v. Wax) 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. Wax, 295 So. 2d 833 (La. Ct. App. 1974).

Opinion

295 So.2d 833 (1974)

State of Louisiana, through The Dept. of Highways
v.
Covington Interstate, Inc. (9818-A). Consolidated with:
STATE of Louisiana, Through the DEPARTMENT OF HIGHWAYS
v.
George L. WAX (9818-B).

Nos. 9818-A, 9818-B.

Court of Appeal of Louisiana, First Circuit.

May 28, 1974.
Rehearing Denied July 3, 1974.
Writ Refused September 18, 1974.

Alvin J. Liska, New Orleans, and Johnie E. Branch, Jr., Baton Rouge, for Highway Dept.

William J. Jones, Jr., Covington, for defendant-appellant Covington Interstate.

Alvin J. Liska and Jesse S. Guillot, New Orleans, for plaintiff-appellant.

William J. Jones, Jr., Covington, for defendant-appellant Wax.

Before SARTAIN, BAILES and VERON, JJ.

VERON, Judge:

These expropriation cases, namely, State of Louisiana Through the Department of Highways versus Covington Interstate, *834 Inc., and State of Louisiana, Through the Department of Highways versus George L. Wax, were consolidated for purposes of trial. Separate opinions will be handed down by the Court in each case, and this decision will generally relate only to George L. Wax.

I. DECISION OF TRIAL COURT

In each of these cases, the expropriation was made for the construction of a cloverleaf design interchange (sometimes called a "modified cloverleaf design") at the intersection of Interstate Highway 12 and U.S. Highway 190 in St. Tammany Parish. The expropriation of George L. Wax's property took place on June 9, 1971, and the Highway Department deposited $29,430.00 in the Registry of the Court as compensation for the part taken. No money was deposited for severance damages.

After considering all of the evidence presented, the trial court awarded the defendant, George L. Wax, $34,660.78 for the part taken, plus $31,579.60 for severance damages, for a total award of $66,240.38, with credit for the sum deposited with the court by plaintiff, plus legal interest and costs.

From this judgment, both parties appealed. We affirm the award of the trial court.

II. FACTS

Before the taking, the defendant owned an improved tract of land in the northwest quadrant of the interchange of Interstate Highway 12 and U.S. Highway 190, containing 9.283 acres, or 404,367 square feet. The tract included 755 front feet on U.S. 190 and was generally rectangular in shape. Unlike the Covington Interstate tract in the companion case decided this day, the Wax tract had good elevation, approximately at road grade. The improvements on the Wax tract consisted of a residence and other improvements that are normal for a residence.

The expropriated property consisted of two parcels which were contiguous and which together totaled 2.219 acres, or 96,670.7 square feet. The residence was not situated on the part taken.

George L. Wax was the record owner of the entire 9.283 acre tract involved, having acquired title through two purchases dated June 1, 1968, for a total consideration of $145,000.00. The testimony showed that title was taken for this consideration in reliance on the "diamond design interchange" planned (but never constructed) by the Department of Highways for the intersection of Interstate Highway 12 and U.S. 190.

Under the "diamond design", the Wax tract was located about 1066 feet north of the end of the access road in the northwest quadrant of the interchange. All of the appraisers agreed that the originally planned "diamond design interchange" enhanced the value of the tract Wax acquired.

III. DIAMOND DESIGN ENHANCEMENT

Our determination of the value of the part taken depends, at the outset, on resolving the issue raised by plaintiff that defendant is not entitled to any compensation for enhancement of the value of the property as a result of the originally planned diamond design interchange.

We had occasion to consider this identical issue in the recent case of State of Louisiana, Through Department of Highways v. Beatty, 288 So.2d 900 (La.App. 1 Cir. 1974), writ denied, wherein we stated:

"This issue arises out of the fact that the design for the interchange at Highway 190 and I-12 was changed from an original diamond design to the modified cloverleaf design that was finally adopted. By stipulation of counsel, the testimony of Mr. Frank Heroy, Jr., interstate engineer for the Highway Department, taken in another proceeding involving this same interchange was admitted in evidence in this case. Mr. Heroy stated that in about 1965 the Highway Department *835 first adopted a "diamond design" interchange for the intersection of Highway 190 and I-12. At that time certain parcels of land were expropriated for this interchange. However, in November of 1968 when the construction of a controlled access highway on Highway 190 from I-12 to Chinchuba, Louisiana was adopted, the interchange was changed to a modified cloverleaf design. According to Mr. Heroy this modified cloverleaf design was not foreseeable at the time the diamond design was first announced and only came about as part of the subsequent program for controlling access on Highway 190 which was a separate project from the original I-12 project.
"The Beatty tract was about 1600 feet south of the end of the control of access under the original diamond design. The expropriation in the instant case was made to accommodate the modified cloverleaf design interchange adopted as part of the controlled access system for Highway 190.
"Thus, the issue presented is whether the proximity of the Beatty property to the end of the control of access under the original diamond design resulted in any increase in value of the parent tract and whether the defendant-landowner is entitled to that increase.

. . . . . .

"Plaintiff contends that the trial court erred in accepting the 50 cents per square foot valuation placed on the property on the grounds that this value represents the value of the property as enhanced by the improvement. In support of this contention plaintiff cites the case of State, Through Department of Highways v. Trippeer Realty Corporation, 276 So.2d 315 (La.Sup.Ct., 1973) wherein the court stated that the value of property expropriated should be fixed considering the property as of the time of the taking but not as enhanced by the purpose of the taking.
"While the above stated principle may be the general rule, it is not without exception. It has been stated that where the expropriated property was not included within the scope of the project from the beginning, and the project was subsequently enlarged to include that additional property, or if the subsequent expropriation was for a separate endeavor, then the landowner has been held entitled to receive compensation for his land at the enhanced value added to the property by reason of its proximity to the initial improvement. United States v. Miller, 317 U.S. 369, 63 S.Ct. 276, 87 L. Ed. 336 (1943). This was precisely the result reached in the two cases cited by the trial court in written reasons for judgment in this case. State, Through Department of Highways v. Martin, 196 So.2d 63 (3rd La.App.1967), writ refused 250 La. 736, 199 So.2d 179 (1967); State Department of Highways v. Boles, 240 So.2d 786 (2nd La.App.1970).
"The evidence in the instant case discloses that the original Interstate-12 project called for a `diamond design' interchange which would have resulted in the subject property being located in a favorable position near the end of the interchange.

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