State ex rel. Department of Highways v. Kennedy

193 So. 2d 848, 1966 La. App. LEXIS 4473
CourtLouisiana Court of Appeal
DecidedDecember 19, 1966
DocketNo. 6856
StatusPublished
Cited by9 cases

This text of 193 So. 2d 848 (State ex rel. Department of Highways v. Kennedy) 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. Kennedy, 193 So. 2d 848, 1966 La. App. LEXIS 4473 (La. Ct. App. 1966).

Opinion

SARTAIN, Judge.

This is an expropriation proceeding wherein plaintiff seeks to obtain 25.363 acres of a 215 acre dairy farm for the construction of State Project No. 452-02-39, Interstate Highway 55, from defendant landowner, Kemble K. Kennedy.

The plaintiff deposited in the registiy of court a total of $6508.00 compensation for the value of the land taken, fences destroyed, and severance damage for isolation of a 10.96 acre tract, all of which was withdrawn by defendant. The issues on trial involved only the evaluation of compensation due defendant for the expropriation.

Defendant has for some time prior to this expropriation operated a highly improved dairy farm consisting of approximately 215 acres. And all appraisers agree that the best use of the property both prior to the taking and at the time of trial is for dairy farming. The property actually taken for the highway right of way amounts to something in excess of 25 'acres, running generally north and south inside the western border of defendant’s property. After the taking, some 10.96 acres of defendant’s property was isolated on the western side of the proposed Interstate highway leaving defendant with a dairy operation of approximately 178 acres on the eastern side of the highway. Running through this dairy farm in a generally east-west direction and now crossing the highway is Beaver Creek. This creek is somewhat erratic in the amount of water carried during the year, being low most of the time but full and high after heavy rainfalls. It is conceded that this creek has always presented an erosion problem.

Before trial defendant sold the 10.96 acres isolated on the western side of the highway right of way to T. L. James & Company for a price of $2877.50, or about $250.00 per acre, for use as burrow pits.

Plaintiff placed three witnesses on the stand at trial — Lee Mapes, who qualified as an expert project engineer and civil engineer on this interstate highway; Edward Deano and Max Derbes, Jr. both of whom qualified as expert real estate appraisers. Defendant offered four witnesses, of which three testified at trial. Those three were the defendant himself, Roy Mitchell, who qualified as an agricultural and dairy farming expert, and Spec McClendon, who qualified as an expert real estate appraiser. The fourth witness, one [851]*851Harry Starnes, was unable to testify; hence, counsels for plaintiff and defendant agreed that his testimony would be substantially the same as Mr. McClendon.

Mr. Mapes testified that most of the right of way property formerly belonging to defendant had to be cleared for building the highway. He stated that because of Beaver Creek’s tendency at times to flood and run off rapidly, the creek was straightened and widened from 30' to 80' as it crossed the right of way in order to localize its flow and permit its effective bridging. He testified that the creek’s sandy banks have made it susceptible to erosion, but that while this work on the creek might possibly increase erosion, he could not state that it has or will have done so with respect to defendant’s property.

Mr. Deano valued the property taken at $200.00 per acre, or a total of $5,357.00. In arriving at this value, he used four comparable sales. The first was a 130 acre tract, sold on May 12, 1961, from one Coney to one Ballard for the price of $100.00 per acre. This 130 acres lay about 2i/¿ miles southwest of defendant’s property, west of the Illinois Central Railroad right of way, and thought to be not as well located as the Kennedy property. The second comparable was also sold for $100.00 per acre, was also a 130 acres, was also sold on May 12, 1961, by one Coney, this time to one Hendry. This property was described as being similar to the first comparable. The third comparable was a sale on May 23, 1962, of 82.-97 acres at $163.00 per acre from one Sevier to one Miller. This property lay west of Kentwood, Louisiana, but was described as being not as well located as defendant’s land. The fourth comparable was a sale from one Kent to one Newsom on July 25, 1962, of 65 acres at $200.00 per acre. Stating this sale as his best comparable, Mr. Deano described this land as being as good as the property taken from defendant and only mile south of the Kennedy tract. Mr. Deano testified that the land taken was not as good as the rest of the farm, that it was mostly wooded and in poorer condition. Being so, Mr. Deano concluded that there was no severance damage to the eastern 178 acre farm, since the land taken was very poor pasture at best and its taking did not diminish defendant’s actual dairy operation. He stated that sales of large dairy farms were few in number.

Mr. Derbes valued the land taken at $4,936.00. In arriving at this figure, he divided the land into pastureland and woodland. He placed a value of $300.00 per acre on the 12 acres of pastureland taken and $100.00 per acre on the remaining 13 plus acres of woodland. Mr. Derbes used four comparables. The first and second comparable sales were the Coney-Ballard sale and the Kent-Newsom sale, both of which were also used by Mr. Deano, supra. The third comparable was a sale from one Dakin to one Miller on February 18, 1963, of 40 acres of improved pasture at $175.00 per acre. Mr. Derbes testified that this land was not as good as defendant’s pastureland portion, but that it was better than defendant’s wooded area. The fourth comparable was a sale from one Davis to one Newsom on April 3, 1963, of 49 acres at $236.00 per acre. Mr. Derbes stated that this land is located on the southwest side of Tangipahoa, Louisiana, not far from defendant’s property, that its fields are in poorer condition but that it was sold with the improvement of a large white house located thereon. Mr. Derbes further testified that comparable sales in the area indicate no difference in per acre market value caused by the different overall sizes of farms, that a more important cause for a difference in per acre market value is the operational efficiency of a farm. He admits that Mr. Kennedy operates with the highest efficiency and that some timber is beneficial to cattle operations. He testified that he allowed no severance damage to the 178 acres because all this acreage 'is good pastureland and prior to the taking, only 180 acres or so were observed actually to be in use for grazing. From this ob[852]*852servation, he drew the conclusion that defendant has actually lost no substantial operational efficiency because of the farm’s overall size reduction caused by the expropriation. He placed a value of $220.00 as damages done to defendant’s fencing.

The defendant testified that prior to the taking he had used from 175 to 180 acres as prime pastureland but that he also used all of his land. He stated that only recently before trial he had cleared about 6 more acres of his land at the cost of $77.66 per acre for pasture. While Mr. Derbes testified that he had observed defendant running about 114 head of cattle and milking about 75, defendant stated that he had 132 head of cattle before the taking, but had to sell 15 prior to trial because of his inability to feed them. He stated that he was milking only 61 cows because of the drought and lack of land. Defendant testified that while the land isolated from him was not improved, it was to some degree cleared and useful in a drought situation. Because of the 11 acres being inaccessible, however, he sold it to T. L. James & Company.

Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
193 So. 2d 848, 1966 La. App. LEXIS 4473, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-department-of-highways-v-kennedy-lactapp-1966.