State ex rel. Department of Highways v. Davis

149 So. 2d 164, 1963 La. App. LEXIS 1253
CourtLouisiana Court of Appeal
DecidedJanuary 28, 1963
DocketNo. 751
StatusPublished
Cited by12 cases

This text of 149 So. 2d 164 (State ex rel. Department of Highways v. Davis) 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. Davis, 149 So. 2d 164, 1963 La. App. LEXIS 1253 (La. Ct. App. 1963).

Opinion

TATE, Judge.

By two separate proceedings involving the same 211-acre tract owned by the defendant landowners, the plaintiff Department expropriated: (a) An 18.8-acre strip in fee, to be used in the construction of the controlled-access Interstate Highway; (b) A servitude for borrow pit purposes on a 67.99-acre tract situated within the interior of the defendants’ property.

The present suit arises out of the former taking. A companion suit of the same title was based upon the second taking, 149 So. 2d 171; these companion proceedings were consolidated for trial and appeal with the present suit.

The sole issue involves the amount to be awarded to the defendant landowners for the property taken and for the severance damages caused to the remainder of the parent tract by the takings.

The defendants-landowners appeal from the trial court valuation, contending that the trial awards were insufficient in amount. The appellee-Department answers the appeal, praying that the amounts of the awards be decreased by some twenty thousand dollars back to the ninety-one thousand dollars originally deposited by the Department in connection with the takings.

Before the expropriations, the parent tract owned by the defendant landowners comprised one contiguous tract of 211 acres, bounded on the south by a hard-surfaced highway leading directly into the metropolitan area of Lake Charles. All experts testifying agreed that the highest and best use of the land was as potential subdivision property.

The first (or present) taking by the Highway Department occurred by filing of the present suit on June 24, 1960. By this taking, the fee title to an 18.8-acre strip was expropriated through the defendants’ property for the right of way of a controlled-access Interstate- Highway. See Parcel “A” on sketch below. By this first taking, the parent tract was divided into (a) a 37.41-acre parcel south of the Interstate Highway strip (see Parcel “D” on sketch) and (b) a 154.83-acre tract north of the Interstate right-of-way (see combined Parcels “B” and “C” on sketch).

The second taking by the companion suit occurred five days later. By this later taking the State expropriated a servitude for borrow pit purposes on a 67.99-acre tract carved out of the interior of the property left north of the Interstate Highway strip. See Parcel “B” on sketch.

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Related

State ex rel. Department of Highways v. Harris
423 So. 2d 721 (Louisiana Court of Appeal, 1982)
State ex rel. Department of Highways v. Genest
218 So. 2d 114 (Louisiana Court of Appeal, 1968)
Livingston Parish Police Jury v. Burns
204 So. 2d 299 (Louisiana Court of Appeal, 1967)
State ex rel. Department of Highways v. Potter
204 So. 2d 308 (Louisiana Court of Appeal, 1967)
State, Department of Highways v. Moresi
189 So. 2d 292 (Louisiana Court of Appeal, 1966)
State, Department of Highways v. Neyrey
186 So. 2d 705 (Louisiana Court of Appeal, 1966)
State, Department of Highways v. Lancon
174 So. 2d 257 (Louisiana Court of Appeal, 1965)
State Ex Rel. Department of Highways v. Reuter
175 So. 2d 316 (Louisiana Court of Appeal, 1965)
State, Department of Highways v. Dodge
168 So. 2d 430 (Louisiana Court of Appeal, 1964)
State Ex Rel. Department of Highways v. Huson
166 So. 2d 3 (Louisiana Court of Appeal, 1964)
State ex rel. Department of Highways v. Brammer
160 So. 2d 355 (Louisiana Court of Appeal, 1964)
State ex rel. Department of Highways v. Davis
149 So. 2d 171 (Louisiana Court of Appeal, 1963)

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Bluebook (online)
149 So. 2d 164, 1963 La. App. LEXIS 1253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-department-of-highways-v-davis-lactapp-1963.