State ex rel. Department of Highways v. Henry

192 So. 2d 801, 1966 La. App. LEXIS 4608
CourtLouisiana Court of Appeal
DecidedNovember 15, 1966
DocketNo. 6775
StatusPublished
Cited by2 cases

This text of 192 So. 2d 801 (State ex rel. Department of Highways v. Henry) 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. Henry, 192 So. 2d 801, 1966 La. App. LEXIS 4608 (La. Ct. App. 1966).

Opinion

LOTTINGER, Judge.

This is an expropriation proceeding filed by the State of Louisiana, through the Department of Highways under the provisions of R.S. 48:441 et seq. The expropriated property was owned by the defendant, Mrs. Theonie Patin Henry, and was situated in the Parish of Pointe Coupee, Louisiana. The expropriation arises in connection with a project providing for the construction of a highway in the northern part of Pointe Coupee Parish. The property taken by petitioner consists of approximately 39 acres of land which traverses the tract owned by the defendant in a northerly-southerly direction. At the time the suit was filed the petitioner deposited in the Registry of the Court the sum of $17,464.00, representing its estimate of just compensa[802]*802tion for the land taken in the sum of $8,781.-00, and severance damages to the remainder of defendant’s property in the sum of $8,-683.00.

The defendant withdrew the deposit from the Registry of the Court, and filed answer contesting the quantum, and therefore, the only question before this Court is that of damages.

After trial below the Lower Court rendered judgment in the sum of $12,225.00 as compensation for the land taken, plus $20,-075.00 for residual or other damages, thus making the total award in the sum of $32,-300.00, less a credit of $17,464.00 which was withdrawn from the Registry of the Court. The petitioner has taken this appeal.

The record reflects that prior to the taking the property owned by defendant consisted of approximately 2300 acres bounded on the North by Louisiana Highway 418 and on the West by Louisiana Highway 970. Some 1350 acres of property was in improved pasture land, the balance being in woodland. The 39 acres taken by the petitioner traversed the entire property in a generally Northerly and Southerly direction, thus severing the property of defendant into two parts. The Eastern remainder consists of approximately 761.62 acres, of which 140 acres was in improved pasture land. The Western remainder consisted of approximately 1477.65 acres, of which approximately 1450 acres was in improved pasture land. Prior to the taking, the integral tract consisted of approximately 1590 acres of open land, and 600 acres of woodland. The bulk of the improvements remaining on the property after the taking was in the Western remainder.

Before the expropriation by petitioner, the subject property was divided into approximately 16 fenced-off pastures. The hay barns, catch pens, six water wells and other improvements were all located on the Western portion of the property. None of these improvements will be available to the Eastern remainder, and the owner of the property will no longer be able to get to all parts, or run his cattle to all parts of the property without traversing the new road. There is now approximately two miles of new highway running across the original tract, which means that approximately four miles of additional fencing must be maintained by the defendant. The Eastern remainder will have no water or catch pens, and in order to utilize the remaining pasture on the Eastern side of the highway, it will be necessary for the owner to transport cattle back and forth across the highway.

Each of the parties to this action submitted the testimony of expert appraisers who testified relative to the damages for the property taken as well as the diminution in value to the remaining property caused by the taking.

Mr. Clifford C. Reddell, a realtor living in Baton Rouge, Louisiana estimated that the whole tract of land contained 2200 acres. His estimate as to the value of the land expropriated was in the sum of $14,-100.00, and the damages to the remainder as a result of the taking was in the sum of $20,900.00, thus making the total estimation of just compensation in the sum of $35,000.00. Mr. Reddell itemized the various section of the property owned by defendant giving different valuations for river and road frontage, improved pasture land and wood pasture land. He stated that he found no true comparable sales in the area, the only two sales which he could find being of acreage of a much smaller area and which had not been improved to the extent of the property taken.

Mr. Clyde A. Farr, a real estate agent specializing in farm land and living in the city of Baton Rouge, also testified on behalf of defendant. He estimated that there were approximately 2290 acres in the whole tract, and valued the land taken at the sum of $10,350.00, severance damages to the remainder at $21,000.00 plus $1,325.00 for [803]*803eleven pecan trees situated on the property taken, thus making his total valuation at the sum of $32,675.00. He, as did Mr. Red-dell, testified that there were some sales of property in the area hut that he did not consider them true comparables because of the small acreage involved as well as the lack of improvements to the pasture land.

Mr. Bennie E. Causey, Jr., the only bonded real estate broker in the Parish of Pointe Coupee, testified on behalf of the petitioner. He used what he claimed as two comparables in reaching his result, which was $6,895.00 for the property taken and $17,000.00 severance damages. With regard to the severance damages, however, Mr. Causey found special benefits to be derived to the remainder of the property by virtue of the highway bisecting same in the sum of $10,000.00, thus making his estimate of just compensation in the sum of $13,895.00. In arriving at his valuation of the property taken, Mr. Causey used two comparables, one being the sale of 200 acres of primarily woodland for $110.00 per acre, the other being a sale by the same party of some 552 acres of primarily pasture land for $250.00 per acre. He arrived at his figure of $180.00 per acre by adding the price per acre of the two comparables and dividing by two, after making certain adjustments.

The other expert who testified for petitioner was Mr. Everett Stephens, a real estate broker of Alexandria, Louisiana. He valued the land taken at the sum of $8,781.-00, and gave severance damages to the remainder of the property at the sum of $8,-683.00, thus making his total valuation of just compensation in the sum of $17,464.00. He claimed to have used three comparables in making his appraisal. One comparable was the sale of approximately 255 acres which, after deducting the valuation of improvements, he estimated at the sum of $198.00 per acre. The second comparable was of 261.74 acres which sold for $180.00 per acre, and the third comparable was a sale of 178.63 acres which, after deducting his estimated value of improvements, he estimated it at $145.00 per acre.

All of the experts testifying in this suit stated that the highest and best uses of the property expropriated was that of farm land or pasture land. They all testified that the property of defendant was highly improved pasture land and that, prior to the taking the land was used as one integral tract with free access to all parts. Since the taking, the land has been divided by approximately two miles of open highway.

The Lower Court, and its reasons for judgment, concluded that there were no-comparable sales introduced into evidence and that, therefore, it could not consider the values placed on the actual land taken by the appraisers for petitioner, Mr. Causey and Mr. Stephens. The Court also discounted the value of severance damages as set by Mr. Stephens because he had only made one appraisal in Pointe Coupee Parish prior to the appraisal in litigation.

Certainly the transactions used by the petitioner’s experts were not true com-parables.

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Bluebook (online)
192 So. 2d 801, 1966 La. App. LEXIS 4608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-department-of-highways-v-henry-lactapp-1966.