State, Department of Transportation & Development v. Williamson

585 So. 2d 614, 1991 La. App. LEXIS 2277, 1991 WL 163363
CourtLouisiana Court of Appeal
DecidedAugust 21, 1991
DocketNo. 22,683-CA
StatusPublished
Cited by4 cases

This text of 585 So. 2d 614 (State, Department of Transportation & Development v. Williamson) 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 Transportation & Development v. Williamson, 585 So. 2d 614, 1991 La. App. LEXIS 2277, 1991 WL 163363 (La. Ct. App. 1991).

Opinion

BROWN, Judge.

In 1983 the State of Louisiana expropriated a long strip of property in Franklin Parish for the purpose of widening Louisiana Highway 15. In a previous appeal, this court affirmed the value set by the trial court for the property taken but reversed the amount set for attorney fees. Department of Transportation & Development v. Williamson, 557 So.2d 731 (La. App.2d Cir.1990). We remanded the case to the trial court for the purpose of conducting an evidentiary hearing to determine a reasonable attorney fee award.

After receiving evidence on remand, the trial court found that a reasonable attorney fee was 20 percent of the excess recovery which amounted to approximately $375,000. The trial court assessed costs to the Department of Transportation and Development (DOTD) to include expert witness fees for two attorneys who testified at the evidentiary hearing. We are again constrained to reverse the attorney fee award as excessive and to reduce the expert witness costs assessed by the trial court.

This expropriation case involved a long, narrow strip of land formerly a railroad right-of-way in the middle of Winnsboro. On May 27, 1983 the State filed a petition to expropriate the property naming as defendants the Missouri Pacific Railroad Company and other unknown owners. On that same day, an order of expropriation was signed and filed. Pursuant to that order, the State paid into the registry of the court funds to compensate the owners for the value of the land taken. The railroad abandoned its claim to the right-of-way and several individuals came forth claiming ownership. The owners of the property were determined to be defendants, Nell Carter Ramage Williamson, Rowena P. Ramage, Charles L. Ramage, Julian H. Adams and Charles Ramage Adams. To simplify the litigation, these individuals created inter vivos trusts naming themselves as beneficiaries and assigning to the trusts all their rights, title and interest in the disputed property. The trustees were then substituted as defendants.

At the initial trial the court valued the property at significantly more than was deposited in the registry of the court and then granted attorney fees of 25 percent of the excess award plus interest which amounted to approximately $400,000.

On appeal, this court found that the property valuations were not manifestly erroneous; however, we held that the trial court had abused its discretion in its award of attorney fees. Since the record contained no evidence specifically relating to the amount of effort expended, the amount of time involved, or any other evidence from which we could determine, on review, the reasonableness of the attorney fee award, we remanded to the trial court for the limited purpose of permitting evidence to support a reasonable attorney fee award.

On remand, Samuel Singer, an attorney called on behalf of defendants as an expert witness, testified that he was experienced in expropriation cases and was very familiar with the instant case. Further, Singer stated he had carefully reviewed the decision of this court in formulating his opinion as to a reasonable fee.

Singer testified that the normal fee charged by an attorney in that area in expropriation cases was one-third of the difference between the deposited funds and the ultimate verdict. Singer understood, however, that the maximum fee the court could award was 25 percent and believed that would be a reasonable amount. Singer examined the attorneys’ time records which showed a total of approximately 500 hours. Singer testified that the top hourly rate in Winnsboro for experienced attorneys would be $100-$150 per hour.

[616]*616Thomas Cooper, an attorney, also testified on behalf of defendants. Cooper stated that he had been involved in expropriation cases and was familiar with the instant litigation. Cooper met with the defendants’ attorneys and reviewed their files. Cooper normally charged one-third of the amount awarded above the excess of the initial deposit. Cooper testified that a 25 percent or a $400,000 award was not unconscionable.

At the conclusion, the trial court set attorney fees in the amount of 20 percent of the difference between the funds deposited by DOTD and the final award which amounted to $1,021,170.50 plus accrued legal interest thereon from the date of taking, May 27, 1983, until paid. Costs of the evidentiary proceeding were assessed to DOTD. Following the judgment, the trial court fixed the expert witness fee for Singer at $2,150 and Cooper at $1,980. These fees were taxed as costs.

A prevailing party in litigation is not entitled to attorney fees unless authorized by statute or contract. Department of Transportation & Development v. Williamson, supra and State, Department of Transportation & Development v. Tynes, 433 So.2d 809 (La.App. 1st Cir.1983), writ denied, 437 So.2d 1153 (La.1983). In expropriation cases, at the time of this litigation, LSA-R.S. 48:453(E) provided the statutory authority for the award of attorney fees.

Reasonable attorney fees may be awarded by the court if the amount of the compensation deposited in the registry of the court is less than the amount of compensation awarded in the judgment. Such attorney fees in no event shall exceed 25% of the difference between the award and the amount deposited in the registry of the court.

The defendants are clearly entitled to an award of attorney fees. The statute, however, does not mandate 25 percent. Its provisions are permissive and provide for a reasonable fee not to exceed 25 percent. In making the award of attorney fees, the trial court is vested with considerable discretion and the award will not be disturbed in the absence of a clear abuse of that discretion. Department of Transportation & Development v. Williamson, supra; State, Department of Transportation & Development v. Jacob, 491 So.2d 138 (La.App. 3d Cir.1986), writ denied, 496 So.2d 331 (La.1986); State, Department of Transportation & Development v. Tynes, supra, and State, Department of Transportation, Etc. v. Frabbiele, 391 So.2d 1364 (La.App. 4th Cir.1980).

Although the trial court is granted statutory authority pursuant to LSA-R.S. 48:453(E) to make a reasonable attorney fee award, such awards are still subject to review and control by the courts. It is the duty of the reviewing court to determine if an attorney fee award is reasonable and not an abuse of the trial court’s discretion. Department of Transportation & Development v. Williamson, supra and State, Department of Transportation & Development v. Tynes, supra.

As set forth by this court in Williamson, factors to be taken into consideration in determining the reasonableness of attorney fees include: (1) the ultimate result obtained; (2) the responsibility incurred; (3) importance of the litigation; (4) amount of money involved; (5) extent and character of the work performed; (6) legal knowledge, attainment and skill of the attorney; (7) number of appearances made; (8) intricacies of the facts involved; (9) diligence and skill of counsel; and (10) the court’s own knowledge. See also State, Department of Transportation & Development v. Jacob, supra; State, Department of Transportation & Development v. Tynes, supra, and State v. Ransome, 392 So.2d 490 (La.App. 1st Cir.1980).

In brief, plaintiff notes that the total amount of time spent by defendants’ three attorneys was 456.75 hours and considering the award of $375,135.99, the hourly rate would equal $821 per hour.

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Related

Smith v. Roussel
808 So. 2d 726 (Louisiana Court of Appeal, 2001)
STATE, DOTD v. Williamson
597 So. 2d 439 (Supreme Court of Louisiana, 1992)
State, Department of Transportation & Development v. Williamson
590 So. 2d 70 (Supreme Court of Louisiana, 1991)

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Bluebook (online)
585 So. 2d 614, 1991 La. App. LEXIS 2277, 1991 WL 163363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-department-of-transportation-development-v-williamson-lactapp-1991.