STATE, DEPT. OF TRANSP. AND DEV. v. Hammons

550 So. 2d 767, 1989 La. App. LEXIS 1519, 1989 WL 100442
CourtLouisiana Court of Appeal
DecidedAugust 23, 1989
Docket20,725-CA
StatusPublished
Cited by9 cases

This text of 550 So. 2d 767 (STATE, DEPT. OF TRANSP. AND DEV. v. Hammons) 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. Hammons, 550 So. 2d 767, 1989 La. App. LEXIS 1519, 1989 WL 100442 (La. Ct. App. 1989).

Opinion

550 So.2d 767 (1989)

STATE of Louisiana, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, Plaintiff-Appellant,
v.
Addie Gilbert HAMMONS, et al., Defendant-Appellees.

No. 20,725-CA.

Court of Appeal of Louisiana, Second Circuit.

August 23, 1989.

*768 Frederick J. Fuselier, Baton Rouge, for appellant.

Singer, Boothe & Dean by Samuel T. Singer, and John R. Boothe, Winnsboro, for appellees.

*769 Before HALL, MARVIN and LINDSAY, JJ.

LINDSAY, Judge.

This is an expropriation suit filed by the state, through the Department of Transportation and Development. The trial court awarded the defendants, co-owners of an expropriated tract of land in Wisner, Louisiana, compensation in the amount of $235,345.00, subject to a credit for funds previously withdrawn from the registry of the court. The court also awarded interest at the legal rate on the amount awarded from date of judicial demand, until paid, and attorney fees, as provided under the expropriation statutes, plus all costs of the proceedings. From this judgment, the state, through the Department of Transportation and Development, appeals. The defendants answered the appeal, initially requesting an increase in the amount of compensation awarded by the trial court. However, the defendants have failed to pursue that issue. For the reasons discussed below, we amend the trial court's judgment, and as amended, we affirm.

FACTS

On May 25, 1983, the Department of Transportation and Development expropriated certain property in Wisner for highway construction purposes. The property expropriated was a strip of land which formerly comprised the abandoned Missouri Pacific Railroad right-of-way which traversed the length of Franklin Parish. Numerous landowners throughout the parish were named as defendants. Just compensation of $1,267,153.00 was deposited into the registry of the court to compensate the owners of the entire tract as they came forth, pursuant to the "quick-taking" statute, LSA-R.S. 48:441 et seq.

On February 17, 1987, an answer was filed by the defendants in this case ("the Gilbert heirs"). The defendants claimed ownership of a portion of the expropriated property located in the town of Wisner. The property owned by the defendants consists of two strips of land 100 feet wide and 4,080 feet long, separated by a 1,200 foot strip known as the "depot property." The defendants sought just compensation of $408,000.00 for their portion of the property taken by the state for the widening of the roadway.

On February 26, 1987, the trial court recognized the defendants' ownership of this portion of the property and entered a judgment allowing them to withdraw the sum of $142,800.00 from the registry of the court, together with any interest earned thereon from the date of deposit by the state.

Trial to determine the amount of just compensation was held on May 19, 1988, at which time the defendants sought an increase in the compensation previously awarded to them for their portion of the expropriated land. The defendants presented the testimony of two expert witnesses, appraisers Robert Lowe and Donald R. Lockard. The state presented the testimony of James C. McNew, also a real estate appraiser. The evidence presented at the hearing consisted of the testimony of these expert witnesses and their supporting documentation.

All of the experts appraised the property as of the date of taking, May 27, 1983. Their calculations were based on a total area of 408,000 square feet, or a net footage of 389,000 square feet of usable property. These calculations encompassed the area within the two long stretches or strips of land running through the corporate limits of Wisner.

Mr. Lowe, a local appraiser from Winnsboro, Louisiana, analyzed the property and determined that the highest and best use of the property would be either commercial or light industrial use. He assessed a final net value of $245,975.00 for the property. In reaching this figure, he utilized a market data approach, by which he analyzed other comparable commercial and residential properties in the same area and compared them to the subject property. In so doing, he considered that a "reasonable" length of time would be required to sell the subject property. He then divided the subject property into five tracts to which he assessed different values according to their *770 various attributes.[1] He appraised the property as having a total value of $276,375.00. However, he applied a discount of $30,400.00, or 11 percent, because of the size of the property and the time needed to sell it, thereby arriving at his final evaluation of $245,975.00. (We note that Mr. Lowe's report incorrectly states that a discount of 5.5 percent was applied.)

Mr. Lockard, who was also familiar with the Wisner area, found that the highest and best use of this property would be for development for small-town highway strip commercial use. He based this on its proximity to the main artery of traffic through the town of Wisner. He assessed a straight market value of $292,500.00 to the property, which he divided into two parcels. Mr. Lockard utilized an "income approach" analysis, which he described as a modification of the market approach which recognized that the property could not be disposed of quickly. He assessed a final market value for the entire tract of $245,000.00, or 60 cents per square foot for the total area or 63 cents per square foot for the developable area. This took into account the extended period of time which would be necessary for the landowners to sell the property in lots. By Mr. Lockard's calculations, a period of about seven years would be required for full development, sale and "absorption" of the property.

Mr. McNew, the state's real estate appraiser from Shreveport, found that the highest and best use for the property in question was to sell the entire tract to a single speculator or investor who would then sell the property in lots over time for commercial, residential, and industrial purposes. He based his analysis upon a single sale to a single buyer on the day of taking for cash. He applied a 25 percent discount based on the large size of the property and the length of time required for an investor to sell the property. His estimated market value of the property was $132,300.00, or 34 cents per square foot. In reaching this figure, he considered a ten-year "absorption period" for the sale of the property. He indicated that the property could be divided into lots and sold for commercial or residential uses.

At the conclusion of trial, the trial court awarded just compensation of $235,345.00, subject to a credit for the amount previously withdrawn from the registry of the court, together with accumulated interest on the award from May 27, 1983, until paid, and attorney fees of twenty-five percent of the difference between the amount previously paid into the registry of the court and the amount awarded, plus all costs.

In its oral reasons and subsequent written opinion, the trial court found fallacies in the testimony of both Mr. McNew and Mr. Lockard. The court found that Mr. Lowe, however, had most accurately established "the fair market value" of the property. The trial court found that fair market value depicts a situation in which there is a willing buyer and a willing seller, both of whom were informed and on an equal footing insofar as knowledge of the property and the market conditions, who negotiate and arrive at a price.

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Bluebook (online)
550 So. 2d 767, 1989 La. App. LEXIS 1519, 1989 WL 100442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-dept-of-transp-and-dev-v-hammons-lactapp-1989.