State ex rel. Department of Highways v. Brannon

348 So. 2d 1301, 1977 La. App. LEXIS 5086
CourtLouisiana Court of Appeal
DecidedAugust 9, 1977
DocketNo. 5963
StatusPublished
Cited by3 cases

This text of 348 So. 2d 1301 (State ex rel. Department of Highways v. Brannon) 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. Brannon, 348 So. 2d 1301, 1977 La. App. LEXIS 5086 (La. Ct. App. 1977).

Opinion

STOKER, Judge.

Plaintiff Louisiana Department of Highways appeals in this expropriation matter seeking a reduction of the trial court award to defendant-landowners1 of the sum of $50,675.00. Plaintiff appellant also alleges that defendant-appellees are not entitled to the award of the $600.00 expert appraiser’s fee awarded to them by the trial court. This case involves the expropriation of 4.891 acres of land in Vernon Parish for highway improvement purposes under the “quick taking” statute, LSA-R.S. 48:441-460. The State deposited $22,657.00 in the registry of the court on the day of the taking, May 21, 1970, which was withdrawn by the landowner, James E. Brannon.

The landowner filed an answer to the expropriation suit and prayed for the fixing of an award of $66,600.00 with interest and costs.

The property taken was used for residential and commercial purposes. Severance damages are not involved.

The trial court gave written reasons for judgment on September 15, 1976. The value of the land taken at the time of the taking was fixed at $37,800.00. The value of the improvements was fixed at $12,-875.00. The total award was $50,675.00 and defendant-appellee’s expert appraiser’s fee was fixed at $600.00.

The appellees do not complain of the award. The appellant Department of Highways does not contest the award for [1303]*1303improvements of $12,875.00. The only assignments of error are the value placed on the land taken and the award of the expert appraiser’s fee.

FACTS

The expropriated property is located on the west side of Highway 171 (the Shreveport-Lake Charles Highway) a little over five miles south of Leesville, Louisiana. It is located opposite the highway or road leading into Fort Polk. It has a frontage of 378 feet on the west side of the highway by an average depth of 450 feet but is quite irregular in shape. Of the 4.891 acres, a total of 4.714 acres (parcel 2-8) was taken in full ownership and 0.171 acres (Parcel 2-8-D-l) was taken as a permanent servitude of drainage. However, the appraisers and the trial court considered that the taking of the servitude amounted to a full taking for practical purposes and full value was assigned to it. A schematic drawing of the property is attached as Figure 1 to show the shape of the parcels and their relationship to the highway and entrance to Fort Polk. This sketch is based on plaintiff’s exhibit 3 introduced into evidence. As will be noted the highway leading into Fort Polk joins U.S. Highway 171 on the east forming a “Y” junction and runs in a southeasterly-northwesterly direction.

Until the taking the property had a combined use as residential and commercial. The commercial use consisted of an automobile repair shop, service station and used car lot. The highest and best use of the property is as rural residential and highway commercial.

VALUE OF THE LAND TAKEN

At the trial of the case one appraiser testified for each side. Mr. Normand Terry testified as an expert for the State and Mr. Leonard H. Thomas testified for the landowners. The appraisals perts were as follows: of these two ex-

Normand Terry (State):
Value of improvements $12,875.00
9.782.00 Value of land
Total taking $22,657.00
Leonard H. Thomas (landowners):
Value of improvements $28,800.00
Value of land 37,800.00
Total taking $66,600.00

It will be noted that the trial court accepted the lower appraisal for the improvements and the higher appraisal for the land. The issue on this appeal is whether the value of the land should be fixed at $9,782.00 or at $37,800.00. We find that the record adequately supports the trial court’s fixing of the value of $37,800.00 and affirm.

Plaintiff-appellant avers that the trial court erred in numerous respects in fixing the value of the land. One of the main contentions is that the landowner’s appraiser used only one comparable and relied on two sales made after the taking. Both appraisers considered sales made after the taking, but both testified that such sales were considered for comparative purposes only, that is, as a check on the before taking sales used as comparables. Mr. Terry considered four land sales he deemed as comparable which were made in 1964 and 1969. He adjusted the per acre sales prices upward. The testimony of the two appraisers is summarized as follows:

Normand Terry’s Comnarahles
Estimated value
No. A ores Sale date May 21.1970
2 1.653 1964 $2,700.00 per acre
3 3.857 1964 $3,250.00 per acre
11 2.75 1964 $2,650.00 per acre
28 2 8 (net) 1969 $ 562.00 per acre
Sales considered by Normand Terry after taking IMav 21.19701
A3 1.451 acres 1- 5-71 $3,583.74 per acre >
15.743 acres 11-16-70 $1,397.45 per acre Cd
.954 12- 7-70 $8,385.00 per acre O
1.449 8-18-70 $3,458.00 per acre O
[1304]*1304T.ennard H. Thomas’ Comparable
No. Aerea Sale date Unit Price per aere
1 .85 8-21-69 $5,880.00
Salea considered by Leonard H. Thomas after taking ÍMav 21. 1970)
2 .958 acres 11-17-70 $8,350.00 per acre
3 .615 acres 6-18-70 $5,200.00 per acre

■ Sale C considered by Terry appears to be the same sale considered by Thomas as Number 2 which was from Esben F. Sheridan to Robert Kite. Terry computed this sale at $8,385.00 per acre and Thomas computed it at $8,350.00 per acre.

On the basis of his considerations Mr. Terry placed a value of $2,000.00 per acre on the land taken in the instant case. He valued the 4.891 acres at $9,782.00. The landowner’s appraiser valued the land at $37,800.00 based on a per acre value of $7,728.00. In its written reasons for judgment the trial court reviewed the compara-bles used by the appraisers and the post-taking sales referred to by them, together with other factors to be discussed below and summed up as follows:

The comparable used by the appraiser for the landowner together with the Rogers-to-Department of Highways sale appear to be more reasonably applicable to the present (time of taking) value than those comparables used by Mr. Terry.
After having reviewed the various com-parables used by both the Department’s appraiser and that of the landowners, this court is of the opinion that the landowners’ appraiser’s determination of value of the land is more reasonable and factually applicable to the assessment of land value than that of the Department’s.
On the other hand, it is the opinion of the court that the department’s appraiser’s evaluation of the improvements is more realistic and acceptable than that of the appraiser for the landowner.

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Bluebook (online)
348 So. 2d 1301, 1977 La. App. LEXIS 5086, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-department-of-highways-v-brannon-lactapp-1977.