State Ex Rel. Department of Highways v. Barrow

116 So. 2d 703, 238 La. 887, 1959 La. LEXIS 1141
CourtSupreme Court of Louisiana
DecidedDecember 14, 1959
Docket41932
StatusPublished
Cited by21 cases

This text of 116 So. 2d 703 (State Ex Rel. Department of Highways v. Barrow) 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. Barrow, 116 So. 2d 703, 238 La. 887, 1959 La. LEXIS 1141 (La. 1959).

Opinions

SIMON, Justice.

The State of Louisiana, proceeding under the provisions of LSA-R.S. 19:1 et seq., instituted this suit through the Department of Highways, to acquire by expropriation, in full ownership, five certain parcels of land located in the Batchelor Heights Subdivision of the City of Shreveport and improvements thereon, plus a certain servitude over a sixth parcel, consisting of portions of thirteen lots, plus a permanent servitude to drain over four small areas, owned by the defendant, for the purpose of realigning and improving the Broadmoor-Shreveport Highway then known as State Route No. 20, and now designated as State Route Louisiana 1.

Defendant, through an exception of no cause or right of action and a plea of unconstitutionality, first challenged the power of the State to expropriate private property for highway purposes within the corporate limits of the City of Shreveport, contending that the City Charter, often alluded to by certain municipalities as a “Home Rule Charter,” granted such power exclusively to the City. In other words, that all governmental powers, including the right of expropriation, within the City was exclusively vested within the City Charter Commission; that this exclusive right exists by virtue of the authority granted by Section 37 of Article 14 of the Constitution, LSA.

Defendant also contends that Sections 221, 311 and 3121 of Title 48 of the Louisiana Revised Statutes, insofar as they seek to authorize the expropriation of a greater quantity of land or a greater right in land than is necessary to construct or improve a highway, are violative of Section 2 of Article 1, and Section 19 of Article 6 of the Louisiana Constitution and of the Fourteenth Amendment of the Constitution of the United States.

Contemporaneously, defendant filed an answer denying that the property sought to be expropriated was required in the improvement of State Route Louisiana 1, and, alternatively, that if all or any part [893]*893thereof was required, then a servitude and not full ownership was all that was necessary. Assuming the position of plaintiff in reconvention, defendant prayed that the value of the land and improvements to be taken, plus the servitude and consequential damages to her remaining property, be fixed by the Court at $148,404.88. We observe that plaintiff’s petition contained no valuation of the property sought to be expropriated.

The district court overruled the exception of no cause or right of action and the pleas of unconstitutionality. After trial on the merits, there was judgment granting the expropriation as prayed for on payment to the defendant of $99,058.67. Plaintiff has appealed the judgment seeking to reduce the award to $66,000 and defendant has appealed asking for an increase to $145,924.34 and, in the alternative, to $104,-739.02, including severance damages, and for legal interest on any increase in the award.

During oral argument counsel for the defendant announced an abandonment of all defenses raised other than the claim for just compensation for the property sought to be expropriated. Hence, the only issue presented for our determination is the value of the subject property, the improvements thereon and severance damages if any.

The property involved herein is situated approximately twelve blocks southeast of the main business district of Shreveport and is separated therefrom by extensive railroad yards located in an old lake bed which Market Street crossed by means of a viaduct or overpass. The property consists of five separate parcels of land, each parcel containing variated lots, one parcel being devoted to commercial use and consists of five lots of varying depths but with each lot having a frontage of forty feet along Market Street. There was a building on this parcel, the center of which had been gutted by fire. The remaining parcels, which fan out to the rear of the commercial property, consist of Negro residential lots and portions of lots, some of which are improved and some vacant. The terrain of the property is very irregular with no streets or sidewalks, access being gained principally by winding footpaths. Thus it will be seen that the greater portion of. the subject property was mainly adaptable to Negro tenement housing, devoid of sanitary and modern facilities, and singularly limited as a medium of profitable use.

. The evidence offered by the plaintiff as to the value of the expropriated property consists of the testimony of an appraisal committee comprised of three realtors, L. L. May, J. Pollard Sealy, Jr., and O. L. Jordan, who were selected and appointed by the Shreveport Board of Realtors pursuant to the request of the State, to make a fair and impartial valuation of the [895]*895property involved herein. These witnesses have no interest, personal or otherwise, with either party to these proceedings.

Each of these relators made an independent survey and valuation and arrived at figures ranging from $64,132 to $65,500. After consultation they agreed that the property had a sound and just value of $66,000. In reaching their conclusion they used at least three recognized methods of establishing value — appraisal of the land and improvements separately, giving due regard to general location of the property, use, accessibility, the possibility of a more realistic utilization of the property, the value of the Negro houses and commercial building from the standpoint of many similar properties they had previously appraised; reproduction on the current market, giving due regard to depreciation; and return on invested capital using probable revenue from the property if all the buildings were fully occupied. The final figure agreed upon was an average of the values reached by these three methods.

In addition to her own testimony, defendant introduced the evidence of seven witnesses, none of whom testified to the value of the property as a whole. Louis N. Ferris (adjoining landowner and owner of Negro rental property in Shreveport) appraised the lots on which the Negro houses were located at $30 per front foot and the land on which the commercial building stood at $250 per front foot. He made no appraisal of the value of the improvements thereon, nor the value of the servitude or of severance damages. W. C. Yancey, Jr., (nearby landowner) placed a value on the land on which the commercial building is located at $200 per front foot and the building at $25,000, or a total of $65,000. He made no appraisal of the remaining property sought to be expropriated. Baylor Culpepper (realtor and owner of Negro rental property elsewhere in Shreveport) valued the land on which the Negro houses were located at 30}} per square foot. He also failed to make an appraisal of the commercial property and a separate appraisement of the Negro houses. N. B. Stoer (realtor) valued the land on which the commercial building was situated as $2.50 per square foot or $261 per front foot for a total of $52,235.00 and the land on which the Negro rental property was located at 20}} per square foot. Jack U. Norfleet (appraiser of real estate for loan purposes, an owner of Negro rental property in Shreveport, and employed by defendant’s husband’s firm for 19 years) appraised the commercial land at $250 per front foot or $50,500, $3,700 to $4,000 for the concrete apron located thereon and $10,000 to $12,000 for the commercial building for a minimum total of $65,000 for the commercial property including improvements and 20‡ per square foot for the land on which the Negro houses were located. Fred Wappler (ad[897]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Lieber v. Caddo Levee Dist. Bd. of Com'rs
660 So. 2d 188 (Louisiana Court of Appeal, 1995)
State, Department of Highways v. Osbon
292 So. 2d 898 (Louisiana Court of Appeal, 1974)
State ex rel. Department of Highways v. Smith
270 So. 2d 178 (Louisiana Court of Appeal, 1972)
State, Department of Highways v. Spera
272 So. 2d 765 (Louisiana Court of Appeal, 1972)
State, Department of Highways v. Smith
272 So. 2d 746 (Louisiana Court of Appeal, 1972)
State, Department of Highways v. Mason
229 So. 2d 89 (Supreme Court of Louisiana, 1969)
State ex rel. Department of Highways v. Mason
218 So. 2d 329 (Louisiana Court of Appeal, 1968)
Orleans Parish School Board v. Schuler
200 So. 2d 411 (Louisiana Court of Appeal, 1967)
State ex rel. Department of Highways v. Jacques
197 So. 2d 414 (Louisiana Court of Appeal, 1967)
Louisiana Power & Light Company v. Greenwald
188 So. 2d 618 (Louisiana Court of Appeal, 1966)
Louisiana Power & Light Co. v. Roy
198 So. 2d 484 (Louisiana Court of Appeal, 1966)
Gulf States Utilities Company v. Norman
183 So. 2d 421 (Louisiana Court of Appeal, 1966)
State, Dept. of Highways v. Ouachita Parish Sch. Bd.
162 So. 2d 397 (Louisiana Court of Appeal, 1964)
State ex rel. Department of Highways v. Acme Brick Co.
162 So. 2d 37 (Louisiana Court of Appeal, 1964)
State ex rel. Department of Highways v. Caldwell Bros. Real Estate, Inc.
155 So. 2d 231 (Louisiana Court of Appeal, 1963)
State ex rel. Department of Highways v. Madden
139 So. 2d 21 (Louisiana Court of Appeal, 1962)
State ex rel. Department of Highways v. Gras
141 So. 2d 35 (Louisiana Court of Appeal, 1962)
State v. Gras
131 So. 2d 628 (Louisiana Court of Appeal, 1961)
State v. Crockett
131 So. 2d 129 (Louisiana Court of Appeal, 1961)
State Ex Rel. Department of Highways v. Barrow
116 So. 2d 703 (Supreme Court of Louisiana, 1959)

Cite This Page — Counsel Stack

Bluebook (online)
116 So. 2d 703, 238 La. 887, 1959 La. LEXIS 1141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-department-of-highways-v-barrow-la-1959.