State ex rel. Department of Highways v. Cities Service Refining Corp.

135 So. 2d 636, 1961 La. App. LEXIS 1557
CourtLouisiana Court of Appeal
DecidedDecember 11, 1961
DocketNo. 358
StatusPublished
Cited by3 cases

This text of 135 So. 2d 636 (State ex rel. Department of Highways v. Cities Service Refining Corp.) 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. Cities Service Refining Corp., 135 So. 2d 636, 1961 La. App. LEXIS 1557 (La. Ct. App. 1961).

Opinion

SAVOY, Judge.

In this expropriation suit, the trial court awarded the defendant landowner $49,-124.25 as compensation for the servitudes taken and as severance damages. The defendant landowner appealed from the award as being inadequate, while by answer to the appeal, the plaintiff prayed that the award be reduced.

This is one of a series of suits wherein the State of Louisiana, through the Department of Highways, has expropriated property for the construction of the controlled access interstate expressway and' subsidiary service road. Recent decisions involving lands in the vicinity of the instant suit are State Through Department of Highways v. Yawn (La.App., 3 Cir.f [638]*6381961), 127 So.2d 545, State Through Department of Highways v. Boyer (La.App., 3 Cir., 1961), 130 So.2d 738, and State Through Department of Highways v. Williams (La.App., 3 Cir., 1961), 131 So.2d 600.

The real estate experts who testified in the instant case testified in the cases of State Through Department of Highways v. Yawn, supra, State Through Department of Highways v. Boyer, supra, and State Through Department of Highways v. Williams, supra, and many of the same comparable sales were used in those cases as were used in the instant case.

It might be noted that in the Yawn, Boyer and Williams cases, supra, the experts for the plaintiffs and the experts for the defendants varied greatly in fixing the value of the property taken and severance damages as a result of said taking.

For purpose of this decision, a plat is attached to this opinion and marked “Exhibit A” for identification herewith.

[639]*639The facts of the case are not in dispute and are correctly set forth by the trial judge as follows:

“In this proceeding plaintiff has taken a permanent servitude for highway purposes affecting three (3) parcels of land, designated on several plats which were filed in evidence as Tracts 95-A, 9S-B and 95-C, and a temporary servitude for use as a borrow pit affecting a fourth parcel. The size of each tract so affected is as follows:
Tract 95-A . 11.578 Acres
Tract 95-B 2.295 Acres
Tract 95-C .800 Acres
Borrow Pit . 6.794 Acres
“These tracts were portions of a 120-acre tract of land owned by defendant, located about midway between the Cities of Sulphur and Lake Charles, less than one-half mile south of U. S. Highway 90. The subject 120-acre tract is bounded on the west by State Highway 1134, a bituminous blacktop thoroughfare running north and south, having a frontage of about three-fourths of a mile on that highway. Another blacktop public highway, known as Parish Road, runs east and west through this 120-acre tract, severing it so that the south 40 acres is south of Parish Road and the remaining 80 acres is north of that road. The property is located immediately east of and adjacent to a developed residential subdivision known as Maplewood, being separated from the subdivision by Louisiana Highway No. 1134. At the time of the taking all of the subject property was dormant, level, wooded land with no improvements except those which have been or will be mentioned herein.
“The 120-acre tract from which these servitudes were taken is traversed by a railroad, a high-voltage electric line and by a number of pipe lines, ranging in size from two inches to 20 inches in diameter. Gulf States Utilities Company owns a 100-foot right-of-way for high-voltage electric lines running east and west along the southern edge of subject property. A railroad running in a northeasterly and southwesterly direction, and having a right-of-way of 100 feet, also crosses the south 40 acres of the subject property. A number of pipe lines have been constructed on and across said property .running parallel to the railroad right-of-way, some of said pipe lines being immediately north of the railroad and others being immediately south of it. Also, two additional pipe lines, known as the Texas Company lines, traverse this property in a northeasterly-southwesterly direction, entering it at about the southwest corner of the 120-acre tract and then running in a northeasterly direction across the railroad and Parish Road, and then crossing the east boundary of the subject property at a point several hundred feet north of Parish Road. Some of these pipe lines are buried and others are located above the surface of the ground. The railroad, the high-voltage electric lines and all of the pipe lines except a portion of the Texas Company lines are located south of Parish Road, or in the south 40 acres of defendant’s property. Rights-of-way for the high-voltage line, the railroad and for all of the above described pipe lines have been duly executed and filed in the records of Calcasieu Parish.
“All of the servitudes taken by plaintiff in this proceeding are located south of Parish Road, except the parcel designated as Tract 95-C, which is located north of that road.
“Tract 95-A, containing 11.578 acres, is an irregular shaped parcel of land, the principal portion of which consists of a strip of land 290 feet wide running parallel to and 60 feet north of the railroad right-of-way. All of the pipe lines which run parallel to and north of the railroad are located on the 60-foot strip of land which lies between the railroad right-of-way and Tract 95-A. Also included in Tract 95-A is a narrow strip of land running along the west side of the south 40-acre tract of the subject property.
[640]*640“Tract 95-B, containing 2.295 acres, is a strip of land 80 feet wide running in a northeasterly and southwesterly direction parallel to and 50 feet south of the railroad right-of-way. All of the pipe lines which run parallel to and south of the railroad are located in the 50-foot strip which lies between the railroad right-of-way and Tract 95-B.
“The borrow pit area, containing 6.794 •acres, is an irregular shaped tract located in the northwest comer of the southernmost 40-acre tract heretofore owned by defendant, the borrow pit area being bounded on the north by Parish Road and •on the west and south by Tract 95-A. Plaintiff, of course, has taken only a temporary servitude affecting the borrow pit •area, which servitude is to remain in effect until construction of the highway at that point has been completed.
“Tract 95-C, containing .800 acres, is the •only parcel taken which lies north of Parish Road. It is a narrow, tapering parcel •of land running along the west side of a portion of defendant’s property, extending from Parish Road north a distance of 1,089.01 feet.
“Plaintiff alleges that the permanent servitudes which it has taken had a value ■of $11,720.00, that the damages sustained •by defendant as a result of that taking •amount to $625.00, that the value of the temporary servitude taken for a borrow pit is $6,800, and that the damages resulting from that taking amount to $650.00. Accordingly, plaintiff deposited in the registry of the.court at the time of the taking the sum of $19,795.00, representing the total amount alleged to be due by it for the servitudes taken and severance damages. Defendant contends that the value -of the permanent servitudes designated as Tracts 95-A, 95-B, and 95-C is $42,445.15, •and that the value of the temporary servitude for use as a borrow pit is $19,702.00.

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Related

State, Department of Highways v. Smith
272 So. 2d 746 (Louisiana Court of Appeal, 1972)
State, Department of Highways v. Mouledous
200 So. 2d 384 (Louisiana Court of Appeal, 1967)
State, Department of Highways v. Burden
180 So. 2d 784 (Louisiana Court of Appeal, 1965)

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Bluebook (online)
135 So. 2d 636, 1961 La. App. LEXIS 1557, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-department-of-highways-v-cities-service-refining-corp-lactapp-1961.