State ex rel. Department of Highways v. Jacques

197 So. 2d 414, 1967 La. App. LEXIS 5339
CourtLouisiana Court of Appeal
DecidedApril 3, 1967
DocketNo. 2496
StatusPublished
Cited by3 cases

This text of 197 So. 2d 414 (State ex rel. Department of Highways v. Jacques) 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. Jacques, 197 So. 2d 414, 1967 La. App. LEXIS 5339 (La. Ct. App. 1967).

Opinion

HALL, Judge.

The State of Louisiana, Through the Department of Highways brought this suit to expropriate in full ownership for highway purposes a certain portion of the rear of a parcel of land owned by Mrs. Louise Bradbury Jacques and Mrs. Hilda Jacques Mitchell. The property was under lease to Humble Oil & Refining Company and that company was also made a party defendant. The order of expropriation was dated and signed March 26, 1963 and on the same date the Highway Department, in accordance with the order, deposited the sum of $12,900.00 (being the valuation placed on the property by the Department’s appraisers) in the Registry of the Court for the benefit of the person or persons entitled thereto. The $12,900.00 was deposited as just and adequate compensation for the property expropriated, no amount being deposited for severance damage.

Mrs. Louise Bradbury Jacques and Mrs. Hilda Jacques Mitchell (hereinafter referred to as “defendants”) filed an answer to the suit on March 17, 1964. No answer was filed by the lessee, Humble Oil and Refining Company, and it did not participate in the trial of the case. In their answer, defendants averred that the portion of property taken had a market value of $16,550.00, and further averred that “by taking the said portion of property, the remainder of the property will be depreciated and damaged due to said taking by the sum of $8,899.00,” thus asserting a total claim of $25,449.00.

Plaintiff filed an exception of vagueness to defendants’ answer on the ground that defendants had not itemized their claim for damages as required by LSA-R.S. 48:451. The exception was overruled, and following trial on the merits, which took place on December 8, 9, 1965, judgment was rendered in favor of the State of Louisiana, Through the Department of Highways, and against the defendants, sustaining and confirming the amount of $12,900.00 deposited by the State in the Registry of the Court as the value of the property expropriated and', as just and fair compensation therefor.. Defendants appealed.

The property taken by the State is a portion off the rear of a piece of property belonging to defendants located at the northwest corner of Chef Menteur Highway and Downman Road in the City of New Orleans. This property measured' 107.9 feet front on the outbound lane of Chef Menteur Highway, the same width in the rear, and had a depth on its western-side line of 203.4 feet and a depth on its-eastern side line and front on Downman-Road of 203.4 feet. The property contained' an area of 21,693 square feet. The parcel expropriated was, as stated, located at the rear of the whole property and is generally triangular in shape. It measures 78.04-feet on Downman Road forming one leg’ of the triangle, the other leg of the triangle-being the rear line of the whole property. The hypoteneuse of the triangle is a slightly curved line which runs to a point practically at the southwest corner of the-whole property. The part taken contains-3310.56 square feet.

The front portion of defendants’ property was occupied by a filling station,, which was in no way involved by the taking. The only improvements situated on. the portion expropriated consisted of a small two room frame building and 107 feet, of chain link fence. The $12,900.00 deposited by the State in the Registry of the-Court was made up of $11,920.00 for the-land taken, $872.00 for the small frame building and $107.00 for the fence. The latter two items are not in dispute.

Prior to the taking the operator of the filling station had permitted a truck operator to use the rear area for the storage and servicing of large diesel trucks and had' furnished him with the small frame building without any rental charge in consideration of the truck operator purchasing oil and gas from the filling station. In addition the filling station operator, as the-representative of a trailer company, had [416]*416used this area to park small trailers which he rented to other parties. The area used for these purposes was the same area, approximately as that expropriated.

On the trial of the case defendants adduced the testimony of Mr. Paul Caruso as their only expert appraiser. Mr. Caruso stated that he had been a real estate broker and appraiser for thirty years and that he had been particularly familiar with the area of Gentilly and Downman Road for the past ten or fifteen years; that he was familiar with defendants’ property both from prior knowledge and from having examined it for the purposes of this suit. Mr. Caruso further testified that all of the property in the vicinity had been owned by the same people for a good many years and that he was unable to find any comparable •sales. Based solely on his general knowledge and experience in the real estate business he appraised the whole of defendants’ property at $5.00 per square foot. He likewise appraised the part taken at $5.00 a •square foot or $16,650.00.

As to damage to the remaining property •caused by the taking Mr. Caruso testified ■in part as follows:

“Q. By virtue of the elimination of that seventy-five feet area in the rear has the availability of that property for its use as a truck terminal and servicing station been in any way depreciated or hampered?
A. It did depreciate the property.
* * * * * *
Q. Now, then you stated that by taking off this rear portion you would depreciate the value of the remaining property ?
A. You would.
******
Q. To that residual value of property, do you find and believe that there is a depreciation because of the taking of the rear portion?
A. There is.
Q. Approximately what would you say that depreciation is to the remaining property?
A. Well, I figure it around ten per cent.
Q. About ten per cent, so you would say then the remaining property would depreciate approximately $12,045.00?
A. About, yes.”

The above is the total sum and substance of Mr. Caruso’s testimony on the question of residual damage. Nowhere does he state the reason why he considered the remaining property to have been damaged by the taking and nowhere does he give any basis for estimating the damage at 10%. The impression we have gotten from his testimony is that he considered the remaining property to have suffered damage simply as a result of its reduction in size. He particularly made no mention of any loss or reduction of ingress and egress to and from the property.

In summation Mr. Caruso estimated the value of the part taken at $16,550.00 and the amount of severance damage at $12,045.00 making a total of $28,595.00, which is somewhat more than the $25,449.00 prayed for by defendants.

At the conclusion of Mr. Caruso’s testimony, defendants rested their case in chief.

The Department of Highways placed two experts on the witness stand, Mr. L. X. La-mulle, an appraisal expert, and Mr. George Doyle, a civil engineer.

Mr. Lamulle testified that he had been in the real estate appraisal business twenty-seven or twenty-eight years, was thoroughly familiar with the area in question, and had appraised the subject property for the Department of Highways. He appraised both the whole property and the part taken [417]

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Related

State ex rel. Department of Highways v. James
321 So. 2d 888 (Louisiana Court of Appeal, 1975)
Orleans Parish School Board v. Schuler
200 So. 2d 411 (Louisiana Court of Appeal, 1967)
City of New Orleans v. Wiener
197 So. 2d 685 (Louisiana Court of Appeal, 1967)

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Bluebook (online)
197 So. 2d 414, 1967 La. App. LEXIS 5339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-department-of-highways-v-jacques-lactapp-1967.