STATE, DOTD v. Semp Russ Plantations

529 So. 2d 487, 1988 WL 63560
CourtLouisiana Court of Appeal
DecidedJune 22, 1988
Docket87-586
StatusPublished
Cited by4 cases

This text of 529 So. 2d 487 (STATE, DOTD v. Semp Russ Plantations) 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, DOTD v. Semp Russ Plantations, 529 So. 2d 487, 1988 WL 63560 (La. Ct. App. 1988).

Opinion

529 So.2d 487 (1988)

STATE of Louisiana, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, Plaintiff-Appellant,
v.
SEMP RUSS PLANTATIONS, Defendant-Appellee.

No. 87-586.

Court of Appeal of Louisiana, Third Circuit.

June 22, 1988.

*488 Paul Ray Dry, Baton Rouge, for plaintiff-appellant.

Wiener, Weiss, Madison & Howell, Shreveport, Watson, Murchison, Crews, Arthur & Corkern, Daniel T. Murchison, Natchitoches, for defendant-appellee.

Before DOMENGEAUX, STOKER and KING, JJ.

STOKER, Judge.

This is an expropriation case. On December 31, 1984 the State of Louisiana, Department of Transportation & Development (State), brought this suit against Semp Russ Plantations (Semp Russ) to expropriate 36.658 acres from about 1,715.33 acres of unimproved timberland northwest of Natchitoches.

Semp Russ is a partnership which owns and operates a timber farming business. Semp Russ acquired the subject property from the Russ family in 1979. It is comprised of four contiguous tracts which are allegedly operated as one unit of timberland. Tract A, the westernmost tract, contains 480 acres. Tract B, the middle tract, contains 1,235.33 acres. Tract C, to the east, contains 80 acres. Tract D, in the southeast, also contains 80 acres. See Appendix I.

The State expropriated 6.678 acres from the northeast corner of Tract A and 29.9 acres through the middle of Tract B for the purpose of building the I-49 highway. The State deposited $64,234 in the registry of the court as its estimate of just compensation for the parcels taken. From the State's point of view this appeal involves a separate Tract C consisting of 80 acres, none of which was actually taken.

Semp Russ filed an answer and reconventional demand alleging the fair market value of the property expropriated and severance damages to be $399,234, less a credit for the $64,234 deposited, plus 25% attorney's fees and interest.

At trial, both sides presented expert witnesses who testified as to just compensation and severance damages. The jury awarded a total compensation of $276,326.41, subject to a credit of $64,234, for the deposit, plus interest. The trial judge awarded $53,023.10 for attorney's fees and $28,862.30 for the experts' appraisal fees.

The State appeals this judgment and designates as its sole assignment of error the following:

The jury and trial judge erred in awarding severance damages to property separate and independent from that property *489 which was physically taken where the landowner did not prove unity of use.

This assignment of error by the State applies only to Tract C and does not involve the awards relative to Tracts A and B.

Semp Russ also appeals the judgment and designates as its sole assignment of error the following:

The jury erred in determining the total just compensation to be awarded as $276,326.41 and said amount should be increased to $320,180.44, with a proportionate increase in the 25% attorney's fees.

This assignment of error by the landowner applies to all three of the tracts for which an award was made.

APPRAISALS AND VERDICT

Semp Russ's expert witnesses testified to compensation as follows:

                                   I.
            RANDY B. LACAZE (real property appraisal expert):
"Tract
"A"
          Market Value of Part Taken                    $ 11,429.67
          Severance Damage                                  -0-
                                                        ___________
          Total Just Compensation, Tract "A"            $ 11,429.67
Tract
"B"
          Market Value of Part Taken                    $ 52,812.25
          Severance Damage                               224,576.50
                                                        ___________
          Total Just Compensation, Tract "B"            $277,388.75
Tract
"C"
          Market Value of Part Taken                    $    -0-
          Severance Damage                                31,362.02
                                                        ___________
          Total Just Compensation, Tract "C"            $ 31,362.02"
                                  II.
           RONALD W. PREWITT (forestry expert):
            "It is the opinion of Mitchell and Prewitt that
           the construction of I-49 has diminished the value
           of the timber on the West Remainder [Tract B] a
           total of 30% of the timber value prior to taking or:
           $575,911.49 × 30% = $172,773.45 and has diminished
           the value of the timber on the 80 Acre Tract
           [Tract C] a total of 50% of the timber value prior
           to taking or: $26,724.04 × 50% = $13,362.02 for
           a total timber dimunition value of $186,134.47."
                                III.
   JAMES A. YOUNG (real property appraisal expert):
   "Just Compensation Subject Tract A                    $ 10,761
     Divided as: Part Taken                     $ 10,761
                 Severance Damages                   -0-
    Just Compensation Subject Tract B                    244,097
     Divided as: Part Taken                     $ 52,062
                 Severance Damages               192,035
    Just Compensation Subject Tract C                    30,612
                                                         ________
     Divided as: Part Taken                          -0-
                 Severance Damages              $ 30,612"

The State's expert witnesses stated that they were not assigned to assess whether any compensation is due for Tract C, but did testify to compensation for Tracts A and B as follows:

*490
                                   I.
              JOHN N. GIRLINGHOUSE (real property appraisal expert):
      "Estimated Value of Improvements Taken:                     $    906
       Estimated Value of All Land Taken:                         $ 64,242
       Severance Damage to Remainder:                             $ 91,575
       Special Benefits to the Owner:                             $    -0-
       Total Value All Improvements and Land Taken, and Severance
       Damage to Remainder:                                       $156,727"
                                         (Tracts A & B only)
                                  II.
      H. LOREN WILLETT (real property appraisal expert):
      "Estimated Value of All Land Taken:                         $ 25,483
       Estimated Value of Improvements Taken:                     $ 27,489
       Severance Damage to Remainder:                             $ 52,044
       Special Benefits to the Owner:                              $  None
       Total Value All Improvements and Land Taken, and Severance
       Damage to Remainder                                        $105,016
       Additional Compensation Reflecting Full Extent of Owner's
       Loss                                                       $    -0-
       Total Compensation and Recommended Offer                   $105,016"
                                      (Tracts A & B only)

The jury awarded the following itemized damages:

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Bluebook (online)
529 So. 2d 487, 1988 WL 63560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-dotd-v-semp-russ-plantations-lactapp-1988.