State ex rel. Department of Highways v. Beatty

288 So. 2d 900, 1973 La. App. LEXIS 6270
CourtLouisiana Court of Appeal
DecidedDecember 17, 1973
DocketNo. 9617
StatusPublished
Cited by10 cases

This text of 288 So. 2d 900 (State ex rel. Department of Highways v. Beatty) 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. Beatty, 288 So. 2d 900, 1973 La. App. LEXIS 6270 (La. Ct. App. 1973).

Opinions

SARTAIN, Judge.

This is an expropriation proceeding wherein plaintiff seeks to obtain 2.926 acres of a 7.738 acre tract of land from the defendant-landowner. Edwin M. Beatty, Jr., for the construction of a highway interchange at the junction of U. S. Highway 190 (Highway 190) and Interstate Highway 12 (1-12) in St. Tammany Parish.

Plaintiff deposited in the registry of the court a total of $39,148.00 as just compensation for the value of the land taken. The trial court rendered judgment for the defendant-landowner awarding $63,728.00 as just compensation for the land taken and $38,364.00 as severance damages. From that adverse judgment plaintiff brings this devolutive appeal.

The subject property is located on the east side of Highway 190 in St. Tammany Parish just south of the proposed interchange at the junction of Highway 190 and 1-12 and between this interchange and Chinchuba, Louisiana. At Chinchuba Highway 190, Louisiana Highway 22, and the North Ponchartrain Causeway Approach intersect. The property was being used for a residence at the time of the taking on June 22, 1971. The only improvements on the part taken were a shell driveway, brick entrance columns and ornamental wire fencing. The improvements on the remainder are an old residence, a newer residence, a barn, a water well and other structures.

Before the taking the parent tract fronted directly on Highway 190 and had free and unrestricted access to the highway. The taking will result in the construction of a controlled access highway along Highway 190 in front of the Beatty remainder. The remainder will front on a service or frontage road which will be fenced off from the four-laned Highway 190. This service road will dead end at the Ponchito-lawa Subdivision just north of the Beatty remainder and in order to reach Highway 190 from the Beatty remainder it will be necessary to drive .south on the service road a distance of three-quarters of a mile to the interchange to be constructed at the junction of Highway 190 and Fairway Drive. '

After construction of the controlled access highway, the driver of a vehicle proceeding south on Highway 190 and desiring to reach the Beatty remainder must drive three-quarters of a mile further south after passing the property to the Fairway Drive interchange and then enter the service road and proceed north for three-quarters of a mile to the Beatty remainder. The driver of a vehicle going north on Highway 190 who sees the Beatty property and desires to drive to it must proceed north to the interchange at 1-12 and Highway 190, turn around, proceed south to the Fairway Drive interchange and then enter the service road and drive north another three-quarters of a mile to the Beatty remainder. A driver proceeding north on Highway 190 knowing where the Beatty property is located and desiring to drive to it would enter the service road at the Fairway Drive interchange and proceed north three-quarters of a mile to the property without any substantial loss of time or distance.

At trial of this case plaintiff called as expert real estate appraisers Edward J. Deano, Jr. and Henry B. Breeding, Jr. Testifying as expert appraisers for the defendant landowner were Frank J. Patecek and John Lejeune. Also called by defendant was Gerald Fussell, an expert civil engineer and surveyor. Each expert used the market data, comparable sales approach to determine the value of the land taken. It [902]*902was agreed by all of the experts that the highest and best use of the land taken was highway commercial or potential highway commercial at the time of the taking. The following chart shows a comparison of the findings by the appraisers and by the trial court of the value of the part taken and severance damages:

COMPENSATION FOR PART TAKEN AND SEVERANCE
Compensation for Part Taken
Deano Breeding Patecek Lejeune Trial Court
Land $38,038.00 $35,112.00 $63,728.00 $63,728.00 $63,728.00
Improvements ■ 1,110.00 1,084.00 _0
Total $39,148.00 $36,196.00 $63,728.00 $63,728.00 $63,728.00
Severance 0 $39,363.75 $33,364.00 $38,364.00

Total Just

Compensation $39,148.00 $36,196.00 $103,092.00 $97,092.00 $102,092.00

Plaintiff asserts that the trial court erred in awarding $63,728.00 as just compensation for the part taken and in concluding that the owner was entitled to the market value of the property as enhanced by a previously announced improvement. In addition plaintiff contends that the trial court erred in awarding severance damages to the landowner and in considering as elements of severance damages the inconvenience to the landowner and the diversion of traffic caused by the taking.

VALUE OF THE PART TAKEN

It is well settled that in an expropriation proceeding the landowner is entitled to compensation equivalent to the market value of the property taken and it has been stated that the best evidence of the market value is sales of similar properties commonly referred to as comparables. State, Through Department of Highways v. Kennedy, 193 So.2d 848 (1st La.App. 1966), writ refused 250 La. 273, 195 So.2d 149 (1967). All of the expert real estate appraisers in the instant case used this method to determine the before value of the Beatty parent tract.

Defendant’s appraisers, Patecek and Lejeune, used the same four comparables to determine the before value of the Beatty parent tract. The comparables they used were (1) a 1968 sale from Boudousquie to Covington Interstate, Inc., (2) two sales dated June 1, 1968, one being a sale from Engineering Enterprises to George Wax and the other a sale from Alvin L. Landry to George Wax, the two sales resulting in the assembling by Wax of one contiguous parcel of land, (3) a 1968 sale from Freeman to delaHoussaye, and (4) a 1969 sale from Ken Kyte to Colby. Defendan’s appraisers expressed their values on a per square foot basis and neither Patecek nor Lejeune assigned any value to the improvements because the residential improvements did not contribute to the value of the commercial land.

The first comparable was a sale from Boudousquie to Covington Interstate, Inc. on January 15, 1968 of 10.105 acres at $100,000.00 or $9,765.625 per acre. This property is similar in size to the subject property and is immediately adjacent to the Beatty property on the north. Using slightly different adjustments for location, size, elevation and time, Patecek concluded that this comparable indicated a before value for the Beatty tract of 52.08 cents per square foot, while Lejeune concluded that this comparable indicated a value for the Beatty tract of 57.7 cents per square foot.

Comparable number two consisted of two sales to George Wax on June 1, 1968. The [903]*903sale from Alvin L. Landry to Wax was for a middle piece of land for $45,000.00. The sale from Engineering Enterprises, Inc. to George Wax was for two tracts, one on each side of the Landry tract, for $100,000.00. These two sales resulted in the assembling of one contiguous tract located on the west side of Highway 190 just north of the Highway 190 and 1-12 interchange. The comparable consists of a total of 9.208 acres and was purchased for a total price of $145,000.00. Both appraisers utilized similar adjustments and determined that this comparable indicated a value for the Beatty tract of 49.1 cents per square foot.

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Cite This Page — Counsel Stack

Bluebook (online)
288 So. 2d 900, 1973 La. App. LEXIS 6270, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-department-of-highways-v-beatty-lactapp-1973.