STATE, DEPT. OF TRANSP. AND DEV. v. Boyce Gin Co-Op., Inc.

397 So. 2d 1087
CourtLouisiana Court of Appeal
DecidedMay 13, 1981
Docket8182
StatusPublished
Cited by12 cases

This text of 397 So. 2d 1087 (STATE, DEPT. OF TRANSP. AND DEV. v. Boyce Gin Co-Op., 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 TRANSP. AND DEV. v. Boyce Gin Co-Op., Inc., 397 So. 2d 1087 (La. Ct. App. 1981).

Opinion

397 So.2d 1087 (1981)

STATE of Louisiana, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, Plaintiff-Appellant,
v.
BOYCE GIN COOPERATIVE, INC., Defendant-Appellee.

No. 8182.

Court of Appeal of Louisiana, Third Circuit.

April 15, 1981.
Amended Judgment May 13, 1981.

*1089 Johnie E. Branch, Jr., Baton Rouge, for plaintiff-appellant.

James D. Davis, Davis & Murchison, for defendant-appellee.

Before GUIDRY, SWIFT and LABORDE, JJ.

GUIDRY, Judge.

This is an expropriation suit instituted by the State of Louisiana, through the Department of Transportation and Development, hereafter DOTD, against Boyce Gin Cooperative, Inc., hereafter Boyce, under the provisions of LSA-R.S. 48:441 et seq., commonly referred to as the "quick taking" statute.

Plaintiff deposited the sum of $1261.00 for the taking of two parcels of land in fee, specifically a parcel designated as 43-6 containing 652.59 square feet and a parcel designated as parcel 43-16 containing 747.12 square feet. The aforementioned parcels were taken from a tract of land with improvements thereon situated, owned by Boyce which measured 100 feet along its north and south lines and 320 feet on its east and west lines. The Boyce tract is situated in the town of Boyce, Louisiana, at the intersection of La. Highway 1, also known as Pacific Avenue, and La. Highway 8, also known as Ulster Avenue, being bounded West by La. Highway 1 and North by La. Highway 8. At the time of taking Boyce operated its cotton ginning facility on the aforementioned tract of land. The takings comprise a strip of land approximately 4½ feet in width commencing at the southwest corner and extending northerly along the west line of the Boyce property a distance of approximately 143 feet; and, a parcel approximately 4½ feet in width commencing at a point in the west line approximately 178' north of the southwest corner and then extending northerly to a point 17.03 feet south of the northwest corner at which point the taking flares at an angle to a width of 27.68'. The latter parcel is flared at the northwest corner of the Boyce property in order to construct a barrier curb which is to facilitate traffic at the intersection of La. Highways 1 and 8. Utility poles and/or guy wires are situated within the limits of the property taken in the immediate vicinity of defendant's seed hopper facility which is located at the approximate middle of the west line of the Boyce property.[1]*1090 For purpose of clarity we attach, as appendix I, a survey of the Boyce property, introduced as Defendant's Exhibit 1, which depicts the limits of the Boyce property, the parcels taken, and the location of the buildings and other improvements comprising the defendant's ginning facility.

According to the record the State will construct a barrier curb, 6 inches in height, in the flared area, which barrier curb is to be located at the northwest corner of the Boyce property. Mountable curbs, also known as "rollover" curbs will be constructed along the rest of the frontage on Highways 1 and 8.

The parties stipulated that the land and buildings located on the property had a market value, as of the time of taking, as follows:

Land (32,027.59 sq. ft. @ .90¢
per sq. ft.).................... $28,825.00
Gin Buildings................... $21,362.00
Tractor Shed.................... $ 4,201.00

The State deposited the sum of $1261.00 in the registry of court for the taking of 1399.71 square feet. Therefore, in effect, the parties stipulated that the plaintiff had deposited in the registry of court a sum exceeding by $1.26 the actual value of the land taken.

The disagreement between the parties centers around the question of severance damages. The State contends that as a result of the taking the property remaining to Boyce will suffer no damage. On the other hand defendant contends that as a result of the taking and the construction in the area taken and the immediate vicinity thereof it will be unable to operate its gin facility and therefore is entitled to recover, as severance damages, the total value of such facility less land value and the salvage value of buildings and machinery. The trial court decided in favor of defendant awarding the latter $163,314.00 in severance damages and attorney's fees in the amount of $10,500.00. In addition the trial court awarded a fee of $2800.00 to defendant's expert and cast plaintiff with all costs which can be legally assessed to it. The DOTD has appealed. Defendant has answered the appeal asking for an increase in both the severance damage and attorney's fee awards.

SEVERANCE DAMAGES

All of the experts who testified agreed that the issue as to whether or not the property remaining to defendant suffered severance damage is resolved by a determination of whether or not Boyce's ginning facility can operate, following the taking, as efficiently as it did before. On this issue plaintiff presented the testimony of its project engineer and the testimony of Messrs. Mike Gehr and Byron Core, real estate appraisers. These witnesses all expressed the opinion that the taking and proposed construction would cause no interference with ingress and egress to the property or the facilities located thereon and therefore defendant's remaining property suffered no severance damage. On the other hand, defendant presented the testimony of Mr. Habeeb Monsur, Jr., expert appraiser, and Messrs. Lloyd Dean and Louis Stevens, both members of the Boyce Gin Cooperative, and former managers, all of whom expressed the opinion that considering the size of the Boyce property before the taking and the proximity of its facilities to the old right of way the taking and proposed construction would render the remaining Boyce property useless as a ginning facility. In support of this opinion these experts testified that ingress to and egress from the property would be severely restricted, particularly considering the size, weight and maneuverability of the vehicles which are used to haul cotton to the gin and those employed to transport baled cotton and seed from the facility.[2] All of these experts *1091 testified that the presence of the barrier curb at the intersection of Highways 1 and 8 would greatly impede ingress to the tractor shed from Highway 1 and egress from the seed hopper onto Highway 8. Further, these experts testified that the taking and construction in the area of the seed hopper would render it useless because none but the most expert of drivers could maneuver a large vehicle so as to center the trailer directly beneath the hopper.

In resolving the issue of severance damages favorable to the defendant the trial court stated:

"The court, having considered all the testimony and evidence, is of the opinion the property on which the cotton gin now sits is so restricted by the expansion of the highway that the cotton gin cannot be run efficiently and will be forced to cease operations."

The issue as to whether or not property remaining to a condemnee has suffered severance damage is essentially a question of fact. Our jurisprudence mandates that an appellate court should not alter a trial court's finding of fact in the absence of manifest or clear error. Canter v. Koehring Co., 283 So.2d 716 (La.1973); Arceneaux v. Domingue, 365 So.2d 1330 (La.1978). This principle of appellate review is equally applicable in matters of expropriation. State, Department of Transportation & Development v. Van Willet, 383 So.2d 1344 (La.App. 3rd Cir. 1980); State, Department of Transportation & Development v. LeBlanc,

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397 So. 2d 1087, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-dept-of-transp-and-dev-v-boyce-gin-co-op-inc-lactapp-1981.