State, Dept. of Highways v. Port Properties, Inc.

316 So. 2d 749
CourtLouisiana Court of Appeal
DecidedJune 30, 1975
Docket9760, 9761
StatusPublished
Cited by5 cases

This text of 316 So. 2d 749 (State, Dept. of Highways v. Port Properties, Inc.) 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. Port Properties, Inc., 316 So. 2d 749 (La. Ct. App. 1975).

Opinion

316 So.2d 749 (1975)

STATE of Louisiana, Through the DEPARTMENT OF HIGHWAYS
v.
PORT PROPERTIES, INC. (two cases).

Nos. 9760, 9761.

Court of Appeal of Louisiana, First Circuit.

June 30, 1975.
Rehearing Denied August 26, 1975.

*751 John C. Christian, J. B. Miller and J. Brooks Greer, III, New Orleans, Joseph W. Cole, Jr., Port Allen, for appellant.

Johnie E. Branch, Jr., D. Ross Bannister, Charles E. Pilcher, William W. Irvin, Jr., Alva J. Jones and Jerry F. Davis, Baton Rouge, for the Highway Dept.

Before LOTTINGER, BLANCHE and DE LA HOUSSAYE, JJ.

BLANCHE, Judge.

These consolidated expropriation cases concern a 943-acre tract located in West Baton Rouge Parish, Louisiana, from which two parcels were taken under the provisions of LSA-R.S. 48:441, et seq., usually referred to as the "quick taking" statute.

The areas expropriated were taken for the roadway and sections of the bridge approaches for that part of Interstate Highway 10 which lies immediately west of the Mississippi River. The effect of the roadway taking was to almost evenly divide the tract in question.

More particularly, on April 9, 1964, the Department of Highways filed its petition in Suit Number 9760 (referred to herein as the "bridge approach" suit) in which it took 10.792 acres from the easternmost part of the tract for certain of the bridge approaches necessary in that vicinity. On July 15, 1968, the condemnor filed Suit Number 9761 in which 101.69 acres and 1.49 acres were taken for the highway and a servitude of drainage, respectively. In the first suit, $17,270 was deposited as just compensation for the condemnee, and in the second, the sum of $238,657 was likewise deposited, both of which were withdrawn by Port Properties, Inc., after deposit. Thereafter, the property owners sought increases through litigation and the cases were duly consolidated and tried. As a result thereof the District Court, in lengthy and detailed written reasons for judgment, awarded $27,681.48 for the "bridge approach" acreage and $309,540 for the second taking. Additionally, the Department of Highways was cast for $70,238.60 for drainage culverts installed by the landowner, $1,100 for a model prepared by the defendant for the trial, and for some $19,000 in expert witness fees, plus interest and other costs. The landowners' claims for severance damages were denied.

Jacintoport Corporation, the successor of Port Properties, Inc., has appealed that judgment and the Department of Highways has answered that appeal. We find that the judgment of the District Court should be amended in certain respects and affirmed.

Port Properties, Inc., acquired this undeveloped agricultural and timber property on October 15, 1956, for a price of $1,190,700, or slightly over $1,050 per acre. On March 4, 1959, a public hearing was held in Baton Rouge, Louisiana, in which the route of Interstate Highway 10 was explained, including the location of a new bridge across the Mississippi River as part of that highway. The route proposed was directly through the defendant's property and was only slightly changed thereafter, and that at the request of the owners of the tract. On August 1, 1969, Port Properties, Inc., conveyed the property to the present owner, Jacintoport Corporation, along with other assets, including their rights in these and other lawsuits concerning this property.

At the time of the filing of the "bridge approach" suit, the land in question was bounded on the east by the Texas & Pacific Railroad track and right of way; slightly further to the east, Louisiana Highway *752 1 parallels those tracks. To the north, this property adjoined Westside Village Subdivision and, in part, was bounded by Louisiana Highway 76. The southern boundary was the intercoastal waterway and other landowners, and on the west were adjacent landowners.

THE "BRIDGE APPROACH" SUIT

Expropriated in this first taking was an irregularly shaped strip running north and south which paralleled the railroad right of way and Louisiana Highway 1 and which flared and widened to the west on the southern end of the strip.

At the time of that taking, LSA-R.S. 48:453, since amended, provided as follows:

"§ 453. Measure of compensation; burden of proof
"The market value is determined as in general expropriation suits but as of the time the estimated compensation was deposited in the registry of the court.
"Damage to the remainder of the property is determined as of the date of the trial.
"In either case the defendant has the burden of proving his claim. * * *"

In applying this statute, the trial judge found that the defendant should be awarded $2,565 per acre for the "bridge approach" acreage. That figure was reached by valuing the land at $2,850 per acre as of April 9, 1964, and deducting 10 percent from that amount as the increment by which the value of the land had appreciated due to the project itself.

In so doing, he found the highest and best use to be that of light industrial and residential. In reaching the aforementioned valuation, the court accepted an amount somewhat greater than that assigned by the appraisers for the plaintiff, Messrs. John B. Pugh, Karl J. Snyder and Max J. Derbes, Jr., who placed value at $1,800 to $2,000 per acre, but far below that reached by Messrs. Heidel Brown and Verdie Reece Perkins, who valued that particular acreage for the defendants at $7,000 to $7,500 per acre. The great disparity in the values assigned by the various appraisers is due to the fact that the defendants' experts placed a premium on that particular acreage taken here under the "front land-rear land" concept, which recognizes that different classes of land may exist within a tract and that, where a front portion may be of much greater value than the remainder of the tract to the rear, the frontage must be awarded the greater value rather than the average per acre value of the whole tract. State, through Department of Highways v. Hoyt, La., 284 So.2d 763 (1973).

Jacintoport's appraisers reasoned that this particular parcel, being on the southeast corner of this property and thus closer to Louisiana Highway 1, the port, and the railroad, possessed a greater value than other parts of the property.

In Hoyt, supra, the Supreme Court of this state recently approved this appraisal technique in these terms:

"The landowner is thus to be awarded the actual market value of the particular portion of the property taken, valued according to its highest and best use. He is not limited to its average per-acre value as a pro rata portion of the parent tract where the front portion has a different and higher best-use value.

(Citations of authority omitted)

"As the cited decisions show, where the evidence shows that the front portion of the tract taken has a higher value than the rear portion not taken, the landowner must be awarded the higher value for the land actually taken rather than an average value based on its proportinate portion of the land-area of the parent tract."

The trial judge rejected the use of that concept here. We think, however, that the *753 particular acreage taken in the "bridge approach" suit was of a different class and of greater value than most of the remainder and that the front land-rear land doctrine should have been applied here for valuation purposes. Not only did the defendants' appraisers so testify, but also we note that one of the Department of Highways' appraisers, Mr.

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Related

Mullins v. State Farm Fire and Cas. Co.
697 So. 2d 750 (Louisiana Court of Appeal, 1997)
State, Dept. of Highways v. Bitterwolf
415 So. 2d 196 (Supreme Court of Louisiana, 1982)
STATE THROUGH DEPT. OF HIGHWAYS v. LeBlanc
388 So. 2d 412 (Louisiana Court of Appeal, 1980)
State ex rel. Department of Highways v. Lirocchi
329 So. 2d 803 (Louisiana Court of Appeal, 1976)

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316 So. 2d 749, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-dept-of-highways-v-port-properties-inc-lactapp-1975.