State ex rel. Department of Highways v. Ebrecht

135 So. 2d 630, 1961 La. App. LEXIS 1556
Louisiana Court of Appeal·Decided November 13, 1961·No. No. 5245·Published·Cited by 2 cases

Opinion

REID, Judge.

This is an expropriation suit by the State of Louisiana, through the Department of Highways to expropriate a tract of land belonging to Joseph E. Ebrecht on State Route 22, said land being a portion of Section 59, Township 7, South Range 7 East, and is identified on the strip map filed by the plaintiff in this suit as Parcel 51.

The total area in the defendant’s property -was 4.36 acres of which the petitioner has .expropriated 3.263 acres leaving a re-mainder of 1.007 acres. The residence ^located on this property was a single U/2 .story frame studded house built on a con- , Crete slab with cypress siding, containing ;7 -rooms, 2 baths and a screen porch, .-asbestos slate Dutchlap roof, built in approximately 1951. The interior walls were . sheetrock on sheathing, had electricity, had : its water supply from an adjoining well, a . septic -tank and butane gas and space heaters. The house contained two toilets, , two tubs, one sink, one shower and one 30 ^gallpn hot water tank. There were wooden cabinets in the kitchen, linoleum tile floors in the kitchen and baths, with imitation type wainscoting in the baths. The porches were screened and there were concrete floors, front and side. There were asbestos tile floors on five rooms down stairs, 9 foot ceilings, oak floors in the two rooms up stairs, and there was a fire place.

The plaintiff secured a Judgment of expropriation and deposited the sum of $16,860 as an estimate of just compensation for the land and improvements taken. Defendant filed an answer praying for compensation for the land and improvements together with damages in the amount of $45,500. The case was tried on the merits and Judgment rendered awarding the sum of $28,273 less amount deposited in the Registry of the Court, in the amount of $16,860 leaving a balance due of $11,413 with legal interest from the date of expropriation of this property, which was on January 20, 1958 and all costs of this proceeding. The State has appealed from this Judgment.

The only issue before the Court is the value of the land and improvements taken and the damages to the remaining property. The first question to be determined is the ability, character and qualifications of the various experts who testified in this case.

The plaintiff tendered the record which is the State’s prima facie case for the plaintiff. The defendant then had the burden of proving the estimate prepared by the Highway Department wrong and his estimate correct.

The defendant used three witnesses besides himself to testify as experts. The first of these was Mr. Polk Hebert. Mr. Hebert was at the time Resident Manager for Marshall Stevens Evaluation Engineers for Louisiana and Mississippi, and President of Industries Service, Incorporated. He further testified that he had been a fee appraiser since 1945 and he had 16 years of field work in construction, buying of right-of-ways estimating, and had a college education. He further testified that he had [632]*632taken courses at L.S.U. for further education of appraisers. He had made approximately 1,500 appraisals in the Parish of Tangipahoa of which 1,000 were in the Hammond-Ponchatoula area. He had made appraisals in addition for the Veterans Administration, for the Reconstruction Finance Corporation and some for individuals for establishments of insurable values. He had been District Manager of the Louisiana Power and Light Company in Tangipahoa Parish and was familiar with practically all of the property appraised and with the inhabitants of the said property. Mr. Hebert presented a valuation on the residence of $17,377.60. Pie placed a total evaluation on the land itself of $9,200.

While he did not state in detail the comparables that he used he did testify that he was familiar with certain parcels of property which were comparable in value to this property.

The next witness was Mr. Thomas G. Womack Sr., of Hammond, Louisiana. Mr. Womack was a real estate broker in Ham-tnond and had been one there for eleven or twelve years. Pie had been identified with real estate as owner and operator of real estate business for many, many years. In addition to that he was a right-of-way agent for State Department of Highways during the administration of two Governors. He had worked for Louisiana Power and Light Company as an appraiser, testified in condemnation suits in this Parish. He had developed real estate subdivisions and bought and sold real estate for many years in the ITammond-Poncha-toula area and had been accepted numerous times as an expert. Mr. Womack appraised the building at $23,808 being $12 per square foot for ld260 square feet on the ground floor of the building totaling $15,120; $6,480 for the second floor of 648 square feet and the sum of $2,208 for the concrete porches of 368 square feet at $6 per square foot. Pie placed a valuation on the land and shrubbery that was on it at $6,000. Mr. Womack said he was familiar with several sales which were handled by him which he considered comparable to the subject property. Other than that he used no comparables.

He testified that he could get a sale on the property for the figures that he appraised it based on his years of experience as a real estate agent and developer.

The next witness tendered by the defendant was Robert E. Perrin Sr., of Poncha-toula. He testified that he had been in the building and construction business for 50 years. Pie further testified that he was a building expert for Ponchatoula Homestead Association and appraised property on which the Association would make loans. Mr. Perrin placed a replacement value on the house of $22,760. He put a valuation of $6,000 on the timber and the land.

The next witness for the defendant was the defendant himself, Joseph E. Ebrecht. He testified that the residence was built on the front portion of the property and that the remaining portion of the property does not have any timber and was just a field or part of it is a field. He further testified that it was not suitable for the type house he had built. He testified that the house was built of tide-water cypress and that such lumber could not be obtained at this time. He testified that this was choice cypress, costing some $300 to $400 per thousand. He was able to get this cypress by virtue of his connection with the Cypress Company. He further testified that the building had four bedrooms, two baths, a den, a hall, two porches, a storeroom, and a large living room. The grounds had been landscaped and it was set in a grove of pine trees. It is heated by butane gas and electricity; that he had an artesian water system with a pump and that it was a most desirable piece of residential property. This property, by the way, is located just west of the city limits of the Town of Ponchatoula on the Springfield Highway. On cross examination Mr. Ebrecht testified that he had sold 6 acres of land to the Louisiana Power and Light Company for the sum of $3,600 on which to put a micro [633]*633wave tower. He testified that he gave it to them at a bargain price because it would help the community as a whole and it was not a sale which he would negotiate in an ■ordinary real estate transaction.

The plaintiff’s two experts were Mr. Max Derbes Sr. of New Orleans, and Mr. Car-xoll Trahan of Hammond.

Mr. Derbes has been in the real estate appraisal business since 1934, a member of the American Institute of Real Estate Appraisers; a member of the Society of Industrial Realtors, member of the Brokers Division of the National Association of Real Estate Boards and member of New Orleans Real Estate Board and Louisiana State Board.

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State ex rel. Department of Highways v. Ebrecht, 135 So. 2d 630, 1961 La. App. LEXIS 1556 (La. Ct. App. 1961).

135 So. 2d 630 (State ex rel. Department of Highways v. Ebrecht) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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