State ex rel. Department of Highways v. Barineau

72 So. 2d 869, 225 La. 341
CourtSupreme Court of Louisiana
DecidedApril 26, 1954
DocketNo. 41409
StatusPublished
Cited by22 cases

This text of 72 So. 2d 869 (State ex rel. Department of Highways v. Barineau) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana 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. Barineau, 72 So. 2d 869, 225 La. 341 (La. 1954).

Opinion

FOURNET, Chief Justice.

The defendant, John N. Barineau, Jr., is appealing from a judgment of the District Court awarding to him the sum of $1,835.66 as the value (including the replacement cost of a fence) of a triangular strip of land across the rear of his property in Shreveport, the result of an expropriation suit by the State of Louisiana, through the Department of Highways, in connection with a program for the improvement and expansion of a thoroughfare in that city and the construction of a new viaduct over railroad yards near the property, thus facilitating the flow of traffic from the central business district to the southeast section of town and State Route 20. The defendant complains (1) that the quantum should have been fixed at $2,000 for the land taken plus $2,000 as severance damage to the remainder, according to the alternative prayer of his answer and reconventional demand; and (2) that he, the defendant, should have been awarded expert witness fees and costs. His main contention, that he should have been permitted to introduce testimony in support of his denial of necessity for the taking — excluded by the trial judge because of failure to file his answer timely — was abandoned in oral argument before this Court.

The land expropriated, used with adjoining land to provide a truck access road to the thoroughfare at street grade, is a diagonal strip forming, roughly, the southwest corner of defendant’s land, as indicated by the shaded area in tract A on the plat reproduced below, and embracing 1,656 square feet. As disclosed by the sketch, the defendant’s property is an inside lot on Spring Street, having a frontage of 100 feet by a depth of 117.61 feet, and measuring 11,761 square feet. The record discloses that it is located in a neighborhood which has declined as a residential area and is now suitable for industrial or commercial use; the property is used by the defendant in connection with his business of general contractor for the construction of buildings. His office, located in a small building at the front (or east end) of the lot, and two storerooms along the north side, are the only improvemeftts; the remainder is vacant, used for parking of vehicles, for turning trucks within the [345]*345area after loading or unloading at the warehouses (there being only the one extranceexit on Spring Street), and for outside storage of material. The only other places of business in the vicinity are a corner store on the lot adjoining defendant’s property and a restaurant across the street.

Not included in the land sought in this expropriation suit is the extreme tip of the southwest corner, measuring 10 by 12 feet and containing 60 square feet, which is concededly of no value to the defendant, being entirely cut off from the remainder of his property. The portion expropriated [347]*347plus the triangular tip total 1,716 square feet.

[345]*345

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STATE, DEPT. OF HWYS. v. Barineau
72 So. 2d 869 (Supreme Court of Louisiana, 1954)

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72 So. 2d 869, 225 La. 341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-department-of-highways-v-barineau-la-1954.