State ex rel. Department of Highways v. Addison

136 So. 2d 545, 1961 La. App. LEXIS 1641
CourtLouisiana Court of Appeal
DecidedDecember 18, 1961
DocketNo. 5268
StatusPublished
Cited by2 cases

This text of 136 So. 2d 545 (State ex rel. Department of Highways v. Addison) 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 ex rel. Department of Highways v. Addison, 136 So. 2d 545, 1961 La. App. LEXIS 1641 (La. Ct. App. 1961).

Opinion

HERGET, Judge.

Defendants Rufus L. Addison and his wife, Mrs. Eldred H. Addison, were the owners of a lot in the City of Hammond, Tangipahoa Parish, Louisiana, at the junction of U. S. Highways 190 and 51. The lot had a frontage of 100 feet on Highway [546]*546190 and a depth of 200 feet along U. S. Highway SI. The improvements on the lot consisted of a one-story frame building used as a combination cafe, filling station and living quarters. In addition, there was a garage and a barbecue pit. The State of Louisiana through the Department of Highways for the purpose of completing a twenty-four foot concrete paved “controlled access” highway along the already existing graveled blacktopped U. S. Highway 51 where it joins U. S. Highway 190 expropriated forty per cent of Defendants’ property located at the southeast corner of this junction. As found by the Trial Judge in his written reasons for judgment:

“5. The property acquired by the State of Louisiana through the Department of Highways by the order of expropriation rendered in this cause includes a strip of land sixty-five feet in width along the entire west side, a strip of land along the north side of the property measuring 8.71 feet at the easternmost limit of the property with an additional area rounding the curve, making a total area expropriated of approximately 8,000 square feet, or forty per cent of the total area of the property before the taking. The area taken includes the entire area of the property adjacent to public highways.
“6. The Department of Highways of the State of Louisiana, in connection with the construction of the Hammond-Ponchatoula By-Pass, State Project No. 17-04-09 and Federal Aid Project F-36(7) will construct around the property of the defendant not taken under the order of expropriation, a barrier curve (curb) which will extend along the present line of U. S. Highway 190 and Highway 51 (Thomas Street) 80.77 feet east from the center line and a barrier curve (curb) running along the west side of the property • 110.56 feet from the center line of U. S. Highway 51. Beyond this point there would be a roll over curve (curb) extending the remaining distance along the Addison property. There would be allowed along the east side, located at or near the east edge of the property of the defendants, an access way from U. S. Highway 190 and U. S. Highway 51, not more than thirty feet in width and there would also be allowed to the defendants an entry way on the west of the property and into the Hammond By-Pass Highway an entry way also not over thirty feet in width, which could be located at any point along the roll over curve (curb) which would be within the south 93 feet of the property of the defendant. Under highway regulations, no paving of the highway right of way would be permitted except at the entry points and the barrier curve (curb) would be of such height as to prevent crossing by motor vehicles.”

Located on the property expropriated is the main building and residence, with the garage and barbecue pit being situated on the sixty per cent of the lot left to Defendants.

The State having deposited in the Registry of the Court the sum of $18,639 as compensation for the property taken including severance damage to the remaining property, appealed to this Court from a judgment of the Trial Court awarding Defendants the sum of $34,800. The sole question presented by this appeal is therefore one of quantum.

The State called for its witnesses as to the valuation of the property taken Mr. Max J. Derbes, Sr. and Mr. Harold Tra-han ; whereas, the Defendants for this purpose called Mr. Edward J. Deano, Mr. Robert O. Farris and Mr. Thomas G. Womack, Sr.

In connection with the testimony of Mr. Rufus L. Addison, subject to the objection by Plaintiff, the Defendants offered in evidence the deed by which they acquired this property on August 16, 1949 from Mr. C. H. [547]*547Felder for a consideration of $30,000 and the testimony of Mr. Addison that, upon the acquisition for income tax purposes and for the purposes of depreciation, the sale was broken down by placing a value on the land of $14,050; the buildings $12,000; the refrigeration and counters and equipment on the floor $2,000; kitchen equipment $1,500; furniture and fixtures $450; making a total of $30,000 of which amount $26,050 represented the allocation for the land and building. Subsequent to this purchase the Defendants placed a concrete slab apron in front of the building at a cost of $1,400. Counsel for the State objected to the introduction of this evidence on the ground that the purchase price paid by the expropriatee is not evidence of the market value of the property sought to be expropriated.

Though counsel for the Plaintiff objected to Defendants’ introduction of the sale, Mr. Derbes, an expert appraiser called by the Plaintiff, testified that in making his appraisal he took into consideration this sale by which Defendants acquired the property for $30,000 in 1949. He reviewed the recorded records of deeds and ascertained that Defendants’ vendor, Mr. Felder,, had acquired the property on June 4, 1946 for the sum of $12,000 and subsequent to his purchase he had added the garage and the barbecue pit and therefore Mr. Derbes attempted to determine the basis for the increase in the value of the property. He obtained information to the effect that at the time of the purchase by Mr. Addison there was located on the premises slot machines and it was, by implication, his view that the increase in the sale price was attributable to the presence of the slot machines.

Mr. Addison testified that there were located on the premises slot machines which were removed at the end of the year of 1949 and while there was some income from these contrivances for a period of three months, they had not been in his place of business since 1950 and they did not enter into his determination to purchase the premises. Thus, the implication was made but never proven that Defendants paid the enhanced price in order to purchase a number of slot machines which were on the property at the time. Without contemplating the income value of the slot machines (no experts were qualified as to the take of a one-armed bandit at the trial), it does appear that the Defendants in purchasing the property intended to buy and pay for not only the land and improvements but the equipment, whatever it may truly have been, in addition to good will and .the entire business. Though the purchase price paid by the expropriatee is not evidence per se of the market value, certainly, in the absence of showing that the sale was fictitious, it is relevant evidence to be considered with other evidence in ascertaining the true market value, and in connection with the testimony of Defendants’ experts it does not detract from the valuations placed on the property by them in ascertaining the value of the property, for the true criterion of value is the market value of the property at the date of the institution of the expropriation suit. Louisiana Highway Commission v. Boudreaux, 19 La. App. 98, 139 So. 521; Murff v. Louisiana Highway Commission, La.App., 146 So. 328; Central Louisiana Electric Company, Inc. v. Leonards et al., La.App., 65 So.2d 631.

In its written reasons for judgment the Trial Court said:

“IQ. * * *
* * * Mr. Derbes, a real estate dealer from New Orleans valued the land and improvements at $14,313.00, the damages in the sum of $4,326.00 making a total estimate of $18,639.00 Mr.

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Bluebook (online)
136 So. 2d 545, 1961 La. App. LEXIS 1641, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-department-of-highways-v-addison-lactapp-1961.