STATE, DEPT. OF HWYS. v. Society for Propagation of Faith

321 So. 2d 388
CourtLouisiana Court of Appeal
DecidedOctober 22, 1975
Docket10353
StatusPublished
Cited by3 cases

This text of 321 So. 2d 388 (STATE, DEPT. OF HWYS. v. Society for Propagation of Faith) 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 HWYS. v. Society for Propagation of Faith, 321 So. 2d 388 (La. Ct. App. 1975).

Opinion

321 So.2d 388 (1975)

STATE of Louisiana, Through the DEPT. OF HIGHWAYS
v.
The SOCIETY FOR the PROPAGATION OF the FAITH et al.

No. 10353.

Court of Appeal of Louisiana, First Circuit.

June 30, 1975.
Writ Refused October 22, 1975.

Johnie E. Branch, Jr., and William W. Irwin, Jr., Asst. Gen. Counsel for Highway Dept., Baton Rouge, for appellant.

William J. Jones, Jr., Covington, and Thomas A. Rayer, New Orleans, for defendants-appellees.

*389 Before LOTTINGER, COVINGTON and BAILES, JJ.

LOTTINGER, Judge.

This is a highway expropriation proceeding, two suits having been filed by the Department of Highways against the Society For The Propagation Of The Faith Of The Archdiocese Of New Orleans, Inc. The other suit bears Number 10,354 on the docket of this court. Both suits will be considered in this opinion, however, separate judgments will be rendered.

These consolidated cases involve two I-12 takings by the Highway Department from the Society, the first taking occurred on March 24, 1969 when it expropriated 91.932 acres of the Society's lands.

A part of the land in the first taking was expropriated for the planned U.S. 190, I-12 diamond design interchange. The Highway Department later changed the design of this interchange to a larger clover-leaf design necessitating the second expropriation suit filed on September 8, 1971, which expropriated an additional 34.203 acres.

The trial court's judgment, from which the State has appealed, awarded the following amounts for the takings:

                             FIRST      SECOND     COMBINED
                             TAKING     TAKING     TAKINGS
     TOTAL AWARD           $469,755   $629,622   $1,099,377
     DEPOSIT BY STATE       241,304    251,475      492,799
                           ________   ________   __________
     INCREASED AWARD       $228,451   $378,147   $  606,598

Five appraisers testified, two on behalf of the Department and three on the behalf of the Society. The appraisers were Edward Deano and Darrel Willet for the State. The appraisers for the Society were Frank Patecek, John Lejeune and Kermit Williams.

In its reasons for judgment, the lower court said:

"The first taking contemplated a diamond design interchange. The second taking resulted when the plans were changed to a cloverleaf design interchange.
This is significant for several reasons. The first is that the intersection of highway, such as US 190, with an interstate highway using a diamond design requires less land than a clover-leaf. The second taking was made in order to make US Highway 190 a control-of-access south of its intersection with I-12.
This Court understands that the joining of two control-of-access highways requires a clover-leaf design, and that a diamond design will not work. Highway 190 is to be four lane, but not control-of-access, north of I-12. South of I-12 it is control-of-access to the Lake Pontchartrain Causeway, as well as four lane.
Prior to the taking, the property was in excess of eleven hundred acres. It is bordered on its extreme west by about sixteen hundred feet of frontage on the big Tchefuncte River at an area which is locally known as Three Rivers. Upstream the Abita River has gone into the Bogue Falaya River and at this point the Tchefuncte River joins the Bogue Falaya River at what is known as Three Rivers. The property at the river is high and outstanding. There is a small amount of river frontage that is low, but most of it is probably the highest part of *390 the Tchefuncte River between Covington and the Lake Pontchartrain.
Its southern boundary has more frontage on the Tchefuncte River but different in character in that it is low. The south boundary of the property, in addition to the approximately 900 feet of frontage on Tchefuncte River, is approximately two miles along the meanderings of Ponchitolawa Creek which is navigable for most of its length although not of the size of the Tchefuncte River. Yachts of large size come up the Tchefuncte River as far as where this property is, but only small pleasure-type boats can and do use the Ponchitolawa Creek. Also there is additional frontage of water on a small bayou called Bayou Monga, small but also navigable which traverses the southwestern part of this property.
The highway is interesting. The property had approximately thirty four hundred feet of uninterrupted highway frontage on the west side of US 190 from Ponchitolawa Creek on the south running thirty four hundred feet north. There are then several intervening ownerships and several small tracts with frontage on highway 190.
The first taking went all the way through the property from its western river frontage to the eastern US 190 edge, but it left the landowner with a good portion of valuable frontage on US 190.
The second taking consumed almost all of the defendant landowner's US 190 frontage.
In addition to these roads which I have mentioned, a state or parish maintained black top road known as Ruhl Road, or Three Rivers Road, cuts through this property about a quarter of a mile of its western boundary and, therefore, from the description which I have just given, the property has been treated by all of the appraisers as really being three separate distinct types of land.
The forty acres or so on the extreme west is classified as estate type river frontage, very, very high in value, very limited supply of it, and a great demand for it.
On the eastern part of it on US Highway 190, the appraisers went back an arbitrary distance of seven hundred, seven hundred fifty or eight hundred feet and computed an area roughly four thousand feet on the road by seven hundred fifty feet or so deep of about sixty acres, and they called that high grade commercial. Then the portion bounded on the south by the creek, on the west by Ruhl Road, on the north by a section line, and then on the east by no highway frontage, they called interior land. All of the appraisers treated it in that fashion.
The landowner used Mr. Frank Patecek, Mr. John Lejeune, and Mr. Kermit Williams as expert appraisers. The Highway Department used Mr. Edward Deano and Mr. Darrel Willett as their expert appraisers.

For the first taking, the appraisals were as follows:

March, 1969 Taking
             Patecek     Lejeune      Williams      Deano      Willett
Commercial   13,068p/a   12,256p/a    13,000p/a     8000p/a    7500p/a
                         28¢ per sq. ft.
           -----------------------------------------------------------
River        10,500p/a   12,000p/a     11,500p/a     4000p/a    3500p/a
           -----------------------------------------------------------
Interior      1,800p/a    1,750p/a      1,500p/a     1000p/a     875p/a
           -----------------------------------------------------------

*391 The Court found all of the appraisers to be thorough. This Court's conclusions are to follow Mr. Williams' opinions of $13,000 per acre for the commercial land; $11,500 per acre for the river front land; and $1500.00 per acre for the interior land.

For the second taking the appraisals were as follows:

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