State ex rel. Department of Highways v. Henderson Properties, Inc.

264 So. 2d 348, 1972 La. App. LEXIS 6210
CourtLouisiana Court of Appeal
DecidedJune 26, 1972
DocketNo. 8901
StatusPublished
Cited by4 cases

This text of 264 So. 2d 348 (State ex rel. Department of Highways v. Henderson Properties, Inc.) 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. Henderson Properties, Inc., 264 So. 2d 348, 1972 La. App. LEXIS 6210 (La. Ct. App. 1972).

Opinion

LANDRY, Judge.

This appeal by Henderson Properties, Inc. (Appellant) is from the judgment of the trial court awarding Appellant compensation in the sum of $339,440.00 for^a portion of a housing project owned by Appellant and expropriated by the Department of Highways (Department) for construction of Interstate Highway 10 in the City of Baton Rouge. Appellant alleges the trial court erred in granting inadequate compensation and assessing Appellant with costs. Alternatively, Appellant argues the trial court erred in failing to average the appraisals of Appellant’s chief expert, Le-jeune, and the Department’s principal expert, Driggers. We affirm.

Subject property, known as Delmont Gardens Project, is a post World War II, low rental housing project, constructed in approximately 1949 or 1950, comprising 31.585 acres upon which were situated a total of 393 mass produced units, consisting of 65 singles and 164 duplexes, before the taking. The expropriation involved a strip containing 211,807 square feet of land containing 7 single units and 32 double buildings, a total of 71 rental monads. The highway right of way traverses subject property from north to south leaving a westerly remainder containing 15 rental and an easterly remainder containing 307 units. The remaining parcels, though separated by the elevated expressway, are connected by Kelvin Street which remains open beneath the raised highway. Riley Street, which formerly connected the remaining areas, has been closed. However, Kelvin and Riley Streets are now connected by a street known as a return of traffic street.

The expert witnesses engaged by the respective parties agree that the land is worth $0.60 per square foot, and that the part actually taken has a value of $127,085.00. They also agree that the best and highest use of subject property is its present use, namely, multiple housing. They likewise agree that a lack of compa-rables dictates using the income approach method of valuation as the most reasonable and logical formula for determining just compensation in this instance.

The Department calculated just compensation at $339,400.00 consisting of $127,085.00 for land, $199,310.00 for improvements, and $13,045.00 severance damages. Appellant claims total compensation of $513,830.00. The trial court awarded the Department’s figure. The only remaining dispute concerns the amounts awarded for improvements and severance damages.

The Department produced two experts, Chester Driggers and J. A. Bahlinger, III, whereas Appellants offered Lloyd J. Rock-hold and John Lejeune, all of whom used the income approach method of valuation except Rockhold who utilized cost reproduction. The trial court accepted Drig-gers’ testimony upon finding that his percentage estimates for depreciation, management expense, interest, and vacancy and credit loss appeared to be well founded and the most reasonable of all the experts.

Appellant contends the trial court erred in relying entirely on Driggers’ testimony and rejecting that of Lejeune. Basically, it is urged that Lejeune’s expense factors should have been accepted because they were based on Appellant’s records showing actual costs of various items whereas Drig-ger’s expense estimates were based entirely on his individual experience and personal judgment. Alternatively, Appellant urges that the trial court erred in failing to average the appraisals of Driggers and Lejeune and suggests correction of an alleged mathematical error in Driggers’ computations. Finally, Appellant complains of its being taxed with costs.

Driggers’ testified the project is a mul-ti-family housing project constructed subsequent to World War II and financed by the Federal Housing Authority (FHA). [350]*350The project consisted of 393 identically constructed dwelling units, excepting that some were built as a single unit whereas others consisted of two units joined together to form a duplex. He used both the cost and income approach in reaching his valuations but relied principally upon the income approach as the best indication of value. As did the other experts, Driggers valued the land at $0.60 per square foot or $825,510.00 for the whole tract. In using the income approach, he computed gross annual rental income by multiplying the monthly rental of $67.50 received for the single units by the number of such units, namely 65, and arrived at a monthly income from this source of $4,387.50, or $52,650.00 per annum. Since the duplex units rented for $62.50 monthly, he noted that these provided monthly income of $20,500.00, or $246,000.00 annually, giving a gross annual economic rental of $298,650.00. From this total, Driggers subtracted 11% which he estimated would be lost from vacancies and credit losses, that is, loss of rentals accrued, but not collected. This loss amounting to $32,850.00 was deducted from the gross economic rental, leaving $265,800.00 described as effective gross annual income.

From the effective gross, Driggers subtracted expenses considered as general operating charges. These included the following: (1) 7'% of the effective gross for management amounting to $18,606.00; (2) 8% of the gross (maintenance and repairs), $23,892.00, and (3) a reserve for replacement cost in the sum of $3.00 monthly per unit, or an annual cost of $14,148.00. In addition, fixed annual expenses of $5,425.00 for insurance and $23,975.00 for real estate taxes were included. The total of these expenses, $86,046.00, were deducted from effective gross income leaving a net income from the property of $179,754.00 before capital recapture. From this latter figure, Drig-gers deducted the then current interest rate of 7% of the value of the land ($825,510.-00) or $57,786.00, leaving a net income attributable to the improvements in the sum of $121,968.00. Net improvement income was then divided by an overall capitalization rate of 11% consisting of 7% interest and 4% depreciation considering Driggers felt the improvements had a remaining life of 25 years. This computation produced a figure of $1,108,800.00, which Driggers deemed the value of the improvements to which he added the agreed value of the land, $825,500.00, giving the tract a total value of $1,934,310.00 prior to the taking.

The value of the land taken was appraised by Driggers at the agreed price of $0.60 per square foot or $127,085.00. The improvements taken were valued by obtaining a factor by dividing the rate of each single and duplex unit into the monthly rental of each such unit. Using these factors and the $1,108,800.00 total value of the improvements, he fixed the value of a single family unit at $3,010.00, and an individual duplex unit at $2,785.00, or $5,570.00 for each duplex building. In this fashion, he found the total value of the 7 single and 32 duplexes taken amounted to $199,310.00.

Driggers then computed severance damages in essentially the same manner used to value the entire project. He determined gross rentals of the remaining 58 single and 264 double units at $20,415.00 monthly, or $244,980.00 yearly. He estimated future taxes at $19,710.00 and insurance at $4,445.00. Using 10% as a vacancy and credit loss factor, he determined this cost to be $24,498.00 annually. Repairs and maintenance were estimated at 8% of the gross, or $19,598.00. To these expenses, Driggers added 8% of the effective gross $17,638.00, and $3.00 for each of the remaining units as reserve for replacement, $11,592.00. The total of these expenses, together with 7% of $698,425.00 (the capitalized value of the remaining land), or $48,890.00, was then subtracted from the rental income leaving a net rental income attributable to improvements in the sum of $98,609.00.

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463 So. 2d 648 (Louisiana Court of Appeal, 1984)
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Bluebook (online)
264 So. 2d 348, 1972 La. App. LEXIS 6210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-department-of-highways-v-henderson-properties-inc-lactapp-1972.