State ex rel. Department of Highways v. Crossland

207 So. 2d 898, 1968 La. App. LEXIS 5204
CourtLouisiana Court of Appeal
DecidedFebruary 5, 1968
DocketNo. 10935
StatusPublished
Cited by3 cases

This text of 207 So. 2d 898 (State ex rel. Department of Highways v. Crossland) 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. Crossland, 207 So. 2d 898, 1968 La. App. LEXIS 5204 (La. Ct. App. 1968).

Opinion

AYRES, Judge.

This is an expropriation proceeding. The issues on appeal, concerning the just and adequate compensation to he paid, relate to the value of a residence and a bomb or fallout shelter on the property taken and to severance damages to the remainder of the property. No issue is presented as to the value of the land taken in fee or under a permanent servitude of drainage.

Out of a tract of land of approximately 100 acres, plaintiff, for the construction of a segment of Interstate 20, expropriated 21.-458 acres in full ownership, together with the improvements thereon, and a permanent servitude of drainage on an additional .072 acres.

Plaintiff’s estimate of the just and adequate compensation to be paid in the sum of $31,271.00, consisting of $28,502.00 for the property and property rights taken, and $2,769.00 for severance damages, was deposited in the registry of the court on the institution of this proceeding. Defendants, in an original answer, demanded $4,364.00 for the land taken, $44,857.00 for the improvements thereon, and $10,300.00 as severance damages. In an amended answer, defendants increased their demands to $58,-079.23 for the improvements taken. The value of the land taken in fee and under servitude was stipulated to be $200.00 per acre.

After trial, the court concluded the improvements taken had a value of $34,712.20, which included $31,631.20 for the residence and bomb or fallout shelter, fixed the severance damages at $7,850.00, and awarded defendants a total of $46,769.20. From the judgment, defendants appealed and seek an increase in the awards for the residence and bomb or fallout shelter and for severance damages. By answer to the appeal, plaintiff seeks a reduction in the awards to the amount of its original estimation and for a judgment against defendants for the amount of the excess thereof paid pursuant to judgment of court.

The improvement whose value constitutes' a major concern on this appeal is a unique structure in that it comprises a residence-aboveground and a bomb or fallout shelter underneath. All exterior walls above as well as below ground level were of 8-inch steel reinforced concrete. The exterior walls aboveground were finished with asbestos siding. The basement floor was constructed of concrete similar to that of the walls. A 4-inch steel reinforced concrete slab covered the underground portion of the structure. This slab also served as a floor for the upper portion. A similarly constructed concrete slab overlaid the top-of the upper, or residential, portion of the structure, covered with five plies of felt and' coal tar, with two additional plies of finished roofing. Edges of the roof were designed so that water to an average depth of two to four inches could be maintained on the roof at all times. The presence of the water on the roof served to cool the residence as well as to protect it against gamma rays in the event of a nuclear attack.

The upper portion of the structure, containing a floor space of 1,735 square feet,, served as a 3-bedroom residence. The interior walls were paneled with knotty pine, masonite, and beaver board; the ceilings-were knotty pine. The lower portion of the structure, with wood-paneled walls and a floor space of 1,485 square feet, was partitioned into five rooms, with asphalt tile floors, and a large storage area with vinyl tile flooring. The lower section served as bunkers and, as heretofore stated, a bomb or fallout shelter. Thus, it may be said that the structure comprised two residences, one above and the other below ground level.

Plans and specifications for the structure were prepared by L. P. Crossland, Jr., one of defendants. He had a bachelor’s degree from Louisiana Polytechnic Institute in mechanical engineering as well as years of practical experience in his profession. From the plans and specifications, prepared in the minutest detail, there was envisioned a concrete structure with an extraordinary compression strength. Though the struc[900]*900ture was described by Crossland as adequate for a bomb or fallout shelter, it was so ■constructed that additional protection could be afforded by sandbagging. The structure was particularly designed to furnish protection against fires and storms, matters with which the Crosslands had had some dreadful experiences, as well as against nuclear explosions and fallouts arising therefrom. Erection of this complex improvement began in 1947 and was completed by Crossland, with the assistance of his parents, some 12 years later. This completion preceded the expropriation of the property by about two years.

To arrive at the just and adequate compensation to be paid defendants for the residence and bomb or fallout shelter, it was conceded by the appraisers for the State, as well as by those for the defendants, that some approach to the matter must be made ■other than from comparable sales inasmuch as, because of its unique character, there were no sales of similar property.

Where unique structures are involved in expropriation proceedings, such as the structure existing in this instance, the proper approach to value is reproduction cost less depreciation. State Through Dept. of Highways v. Barber, 238 La. 587, 115 So.2d 864 (1959); State Through Department of Highways v. Poulan, 160 So.2d 387 (La.App., 2d Cir. 1964); State Through Dept. of Highways v. Carmouche, 155 So.2d 451 (La.App., 3d Cir. 1963); State Through Dept. of Highways v. Welsh, 147 So.2d 758 (La.App., 1st Cir. 1962); State Through Dept. of Highways v. Frellsen, 135 So.2d 378 (La.App., 2d Cir. 1961).

This was the approach used by all the appraisers in arriving at the value of the improvements taken. The four realtors, two for the State and two for defendants, in seeking to determine the reproduction •costs of defendants’ improvements, utilized .a so-called square-foot method for their estimates. This is an inexact and undesirable procedure. The preferable method involves an estimation of the cost of construction including all necessary overhead. Nichols on Eminent Domain, Vol. 5, p. 390.

With respect to evidence in condemnation proceedings as to the evaluation of structures unique in character, the same authority (Nichols on Eminent Domain, Vol. 5, p. 230) points out:

“An expert may be competent for one purpose and not for another. An ordinary real estate agent is not qualified, as such, to testify with respect to construction costs or with respect to the value of a type of property that has no market value by reason of the fact that such type is not commonly bought and sold.”

Defendants’ realtors recognized their lack of qualifications to evaluate the improvements on a reproduction cost basis and conceded that such cost could he more accurately determined by one trained and experienced in cement construction. The inaccuracy of estimations of reproduction costs by realtors is illustrated by the testimony of one of plaintiff’s witnesses. He, as well as the other realtors testifying in the case, could not determine from a visual inspection the character and strength of the foundation of the structure nor of the walls or roof. For instance, the walls of the upper portion were not ordinary asbestos siding over frame construction, or the roof an ordinary 3-ply roof, nor the underground portion of the structure a conventional basement constructed with concrete blocks, as the witness thought from his visual examination of the premises.

Many of the structure’s features were unknown to the realtors; nor could such features be discovered from a visual investigation.

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Related

Monroe Redevelopment Agency v. T. D. L. Corp.
321 So. 2d 426 (Louisiana Court of Appeal, 1975)
State, Department of Highways v. Blair
285 So. 2d 212 (Supreme Court of Louisiana, 1973)
State ex rel. Department of Highways v. Miller
221 So. 2d 516 (Supreme Court of Louisiana, 1969)

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Bluebook (online)
207 So. 2d 898, 1968 La. App. LEXIS 5204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-department-of-highways-v-crossland-lactapp-1968.