State, Dept. of Highways v. Christ Baptist Church

197 So. 2d 83, 1967 La. App. LEXIS 5678
CourtLouisiana Court of Appeal
DecidedMarch 13, 1967
Docket6920
StatusPublished
Cited by11 cases

This text of 197 So. 2d 83 (State, Dept. of Highways v. Christ Baptist Church) 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, Dept. of Highways v. Christ Baptist Church, 197 So. 2d 83, 1967 La. App. LEXIS 5678 (La. Ct. App. 1967).

Opinion

197 So.2d 83 (1967)

STATE of Louisiana, Through the DEPARTMENT OF HIGHWAYS, Plaintiffs-Appellees,
v.
CHRIST BAPTIST CHURCH, Defendant-Appellant.

No. 6920.

Court of Appeal of Louisiana, First Circuit.

March 13, 1967.

*84 Daniel C. Wiemann, of Marcel, Wiemann & Byrnes, Houma, for appellant.

Ben C. Norgress, Philip K. Jones, D. Ross Banister and Glenn S. Darsey, Baton Rouge, for appellees.

Before LOTTINGER, REID and SARTAIN, JJ.

SARTAIN, Judge.

Defendant-landowner, Christ Baptist Church, appeals from a judgment of the district court awarding to it as just compensation for property taken the sum of $16,300.00, the amount originally deposited by plaintiff, State of Louisiana, Through the Department of Highways. The sum of $16,300.00 represents $14,550.00 for the land and improvements and $1,750.00 for the decrease in the value of the remainder of the land, better known as severance damages.

Defendant asked that the sum awarded be increased to the amount of $22,184.00. Plaintiff answered the appeal urging that the amount awarded be decreased by the amount of the severance damages or $1,750.00.

This expropriation suit was filed on May 27, 1960, and involved the widening of Jerry Ann Avenue in connection with the construction of the eastern approach to the tunnel under the Intracoastal Waterway in the City of Houma, Parish of Terrebonne. Defendant's property is located on the eastern side of Jerry Ann Avenue, one block north of Grand Caillou Highway and four blocks south of the canal. The *85 property is situated in that subdivision known as Bergeron-Voisin Addition, where defendant owns four lots in Block Two of said subdivision, each lot measuring sixty feet front on the east side of Jerry Ann Avenue, by a depth between parallel lines of one hundred and fifty feet. These lots are numbered one through four from north to south. The western portions thereof were taken from a point 91.09 feet east of the northwest corner of Lot One to a point 82.62 feet east of the southwest corner of Lot Four, an area comprising 19,248.74 square feet. Defendant also owned Lots Five and Six located immediately to the rear of Lots Four and Three respectively. After the suit was instituted and before trial, defendant purchased Lots Seven and Eight, the remaining lots in the block.

Each litigant called one expert witness and stipulated that if other named witnesses were called said witnesses would testify substantially the same as their respective principle witness. The considerable variance in the amounts offered by plaintiff and the sum prayed for by defendant stems primarily from the difference in the appraisal approach used by the experts.

Plaintiff utilized the approach generally accepted as the most accurate, namely, the use of comparables. State, Through the Dept. of Highways v. Bjorkgren, La. App., 147 So.2d 905; Central La. Electric Co. v. Harang, La.App., 131 So.2d 398; Gulf States Utilities Co. v. Norman, La. App., 183 So.2d 421. The trial judge, undoubtedly, was impressed with the thoroughness and reasonableness of the method used by Mr. Daniel B. Eells, plaintiff's expert. This witness determined that the value of the land taken should be fixed in the sum of $5,398.32. He arrived at this figure by assigning to the property taken a value of .28 cents per square foot. After discarding several sales not considered as comparables, he used five sales in the same subdivision. Sale (1) dated May 29, 1956 of a fractional lot located two and one half blocks north of the subject property for .24 cents per square foot. Sale (2) of the same date of another fractional portion of the same lot for .24 cents per square foot. Sale (3) dated January 1, 1957 of a fractional lot located one block north of subject property for .15½ cents per square foot. Sale (4) of the same date of another fractional portion of the same lot for .15½ cents per square foot. Sale (5) dated November 20, 1958 of Lot Seven and Eight, Block Two, located adjacent to subject property for .22 cents per square foot. He also considered defendant's purchase of Lots One and Two in 1956 at a cost of .15 cents per square foot and defendant's purchase of Lots Three and Four on November 16, 1958, excluding improvements, at the cost of .15 cents per square foot. The witness assigned a value of .28 cents per square foot, which is .04 cents more than the highest comparable used, "because the lots were located in a little better portion of this unrestricted area." Such a conclusion appears reasonable and logical to us. In fairness to the defendant, it must be pointed out that the highest values used as comparables were Sales (1) and (2) above of lots located nearest the sewerage canal and furthermost from defendant's property. Of particular note is the fact that Sale (5) above of Lots Seven and Eight, which adjoined defendant's property on the rear, took place just 18 months before the institution of this litigation and the price thereof was .15 cents per square foot. The witness further explained that he could not ascribe to defendant's property any general appreciation in value resulting from development in the area or demand for property. He noted a lack of general escalation in property values in the area, referring to sales in 1956 at .24 cents and .15 cents, 1957 at.15½ cents, and 1958 at .22 and .15 cents per square foot.

The arithmetic of .28 cents per square foot for the property plus the sum of $8,554.26 for improvements taken aggregate an amount slightly less than $14,550.00 deposited *86 by plaintiff. However, plaintiff concedes to the amount deposited.

Defendant's expert witness was a local banker, who frankly admitted that his appraisal was not made for the purpose of this present litigation but was conducted at the request of defendant's pastor who was interested in determining the approximate value of the church's real estate. His appraisal was made approximately a year and a half prior to the date of the trial. The witness further stated that he did not seek out sales of similar property in the area but chose to rely primarily upon his own personal experience derived primarily from examining property for the bank. He did make a comparison of the piece of property that he purchased for the bank in the general area of defendant's property, but not in the immediate vicinity thereof. He testified that in his opinion the land expropriated by the State was worth $10,000.00. It would serve no useful purpose here to report in detail this witness's testimony. It will suffice to say that in our opinion the trial judge was amply justified and eminently correct in not according to this witness's testimony the weight urged by counsel. We recognize fully that the opinion of experts as to the value of property based upon the said expert's experience in the field of appraisal is a method of determining value and is frequently used in suits of this type. However, it is only used when there are no sales of similarly situated property in the immediate vicinity of the expropriated property that can be used as reasonable comparables.

In cases of this type, much authority is vested in the trial judge in the evaluation and determination of appropriate weight to be accorded each expert witness. The established rule is well settled that the testimony of each expert should be given effect if their testimony appears to be well grounded from the standpoint of sincerity and good reasoning. However, the expert testimony may be disregarded if it impresses the court unfavorably. State, Through Dept. of Highways v. Bourque, La.App., 127 So.2d 784; State, Through Dept. of Highways v. Stoer, 238 La.

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Bluebook (online)
197 So. 2d 83, 1967 La. App. LEXIS 5678, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-dept-of-highways-v-christ-baptist-church-lactapp-1967.