State, Dept. of Transp. & Develop. v. Henry

468 So. 2d 1262
CourtLouisiana Court of Appeal
DecidedApril 10, 1985
Docket84-256
StatusPublished
Cited by10 cases

This text of 468 So. 2d 1262 (State, Dept. of Transp. & Develop. v. Henry) 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. & Develop. v. Henry, 468 So. 2d 1262 (La. Ct. App. 1985).

Opinion

468 So.2d 1262 (1985)

STATE of Louisiana, DEPARTMENT OF TRANSPORTATION & DEVELOPMENT, Plaintiff-Appellant,
v.
Taine E. HENRY, et als, Defendants-Appellees.

No. 84-256.

Court of Appeal of Louisiana, Third Circuit.

April 10, 1985.
Rehearing Denied May 14, 1985.

*1264 Bryan Miller, Baton Rouge, for defendant-appellant.

J.M. Henry, Jr., Natchitoches, for plaintiff-appellee.

Before FORET, STOKER and KNOLL, JJ.

FORET, Judge.

This is an expropriation suit instituted by the State of Louisiana, through the Department of Transportation and Development, against defendants, Taine E. Henry, Joseph M. Henry, Jr., and Juanita Barberousse Henry, under the provisions of the quick taking statute, LSA-R.S. 48:441, et seq. The property which is the subject of this suit is located in Natchitoches Parish, and is held in naked ownership by defendant, Taine E. Henry, subject to a usufruct held by her parents, Joseph M. Henry, Jr. and Juanita Barberousse Henry. For the construction of Highway I-49, the State, through the Department of Transportation and Development, acquired the full ownership of one portion of the subject tract (designated as Parcels # 9-1 and 7-1); a permanent servitude of drainage over another portion (Parcel #6-1-D-1); and a temporary construction servitude over still another portion (Parcel # 7-1-C-1). The order of expropriation was signed on August 2, 1982, and the Department of Transportation and Development deposited $65,823 into the Registry of the Court as compensation for the expropriated property. The defendants answered the Department's suit, asking for a substantial increase in the amount of compensation.

As compensation for the property taken and severance damages, the trial court awarded defendant landowners $219,287.22, less the sum already deposited by the Department. Of the $219,287.22, $107,393.77 was for the parcels taken in full ownership; $8,912.18 for 2.14 acres which the court held was taken by isolation; $978.99 for the parcel taken in permanent servitude; and $101,725.90 for severance damages. In addition, the court awarded attorney's fees to defendant landowners in the amount of $12,500.00.

In its appeal, the Department of Transportation and Development has raised numerous issues which may be summarized as follows:

(1) Did the trial court commit manifest error in finding that the best and highest use of the subject tract was for mixed agricultural purposes (hay meadows, pecan production, and cattle raising)?
(2) Did the trial court commit manifest error in setting the value of the land used for pecan production?
(3) Was it manifestly erroneous for the court to conclude that a 2.41-acre parcel, designated as Parcel "X", was taken by isolation and its market value reduced to nothing?
(4) Did the trial court commit manifest error in fixing the amount of severance damages?
(5) Was defendant, Joseph M. Henry, Jr., entitled to attorney's fees for representing himself and the other defendants in this suit?
(6) Should legal interest be awarded on attorney's fees awarded in an expropriation case?
(7) Finally, did the court err either in awarding expert witness fees to some of defendants' experts or in awarding excessive amounts to others?

DESCRIPTION OF THE PROPERTY

The subject tract is rural property located in Natchitoches Parish[1]. Before the expropriation, the tract was already divided by La.Highway 493. A portion of the tract to the north of Highway 493 was an "intensely" managed pecan orchard made up of improved variety pecan trees and mature native pecan trees. The rest of the land was used for hay meadows and cattle pasture. The property was fenced and contained stock ponds, water wells, corrals, hay barns, and improved roads. The portion taken by the Department for construction of I-49 runs north and south across the tract and intersects Highway 493, which runs southeast and northwest, so as to form a large "X" with that highway, and *1265 divides the tract into four sections. Approximately 20 acres of the portion taken by the Department in full ownership was part of a pecan orchard. The remaining portion, 19.842 acres, was used for hay meadows or cattle pasture. The portion of the tract taken in permanent servitude (Parcel #6-1-D-1) and that portion over which a construction servitude was required (Parcel #7-1-C-1) also consisted of cattle pasture and hay meadows. Located in the remainder east of the I-49 alignment and north of Highway 493 is a parcel designated by the litigants as Parcel "X". This 2.41-acre[2] parcel lies on the northern boundary of the tract and, due to the presence of a large drainage ditch, it will be cut off from the rest of the tract after the construction of Highway I-49.

BEST AND HIGHEST USE

The trial court found that the best and highest use of the subject tract was for mixed agricultural purposes: raising cattle, pecan production, and hay meadows. The testimony of defendants' experts and the evidence gave ample support to this determination of the court. Both of defendants' real estate appraisers testified that this was the best and highest use of the tract. The tract was, in fact, both before the taking and at the time of trial, used for these mixed agricultural purposes.

The Department contended that the best and highest use of the subject tract was for row crops and that it would be more profitable to convert the whole tract to that use, including the pecan orchard. Much of the testimony of its experts in this regard was based on the general trend in the area toward row cropping. Such general observations, however, failed to take into account the particular nature of the pecan orchard on the subject tract, for example, that it had a large number of improved varieties, that it was being intensively managed, and that most of the trees were in their prime. Even the Department's own expert testified that, "a pecan orchard would basically produce about the same amount of income as cotton land" (which, according to his testimony, produced the highest crop rentals). Dr. Arthur Allen, an expert on pecan production, testified on behalf of the landowners as to the projected profits of the pecan orchard. Although the trial court considered this projection exaggerated the orchard's income potential, being based on ideal conditions, Dr. Allen's projections still indicated that the orchard had substantial income potential.

The record fully supports the trial court's conclusion that the best and highest use of the subject tract was for mixed agricultural purposes.

VALUE OF THE LAND USED FOR PECAN PRODUCTION

The Department contends that the trial court committed reversible error when it fixed the value of that portion of the tract used for the production of pecans. In this regard, the Department's first contention is that the trial court impermissively substituted its own opinion for that of the experts.

In expropriation cases, the trial court has much discretion to weigh the testimony of experts. Southwest Louisiana Electric Membership Corp. v. Duhon, 313 So.2d 366 (La.App. 3 Cir.1975), writ refused, 318 So.2d 52 (La.1975). Nevertheless, the opinion of a witness qualified and accepted as an expert should be given effect if it appears to be well grounded from the standpoints of sincerity and good reasoning. City of Lafayette v. Babineaux, 297 So.2d 220 (La.App. 3 Cir.1974); Cajun Electric Power Co-Op. v. Estate of Thomas, 408 So.2d 1001 (La.App. 2 Cir.1981).

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Bluebook (online)
468 So. 2d 1262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-dept-of-transp-develop-v-henry-lactapp-1985.