State ex rel. Department of Highways v. La Haye Bros., Inc.

277 So. 2d 198, 1973 La. App. LEXIS 6996
CourtLouisiana Court of Appeal
DecidedApril 25, 1973
DocketNo. 4129
StatusPublished
Cited by2 cases

This text of 277 So. 2d 198 (State ex rel. Department of Highways v. La Haye Bros., 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. La Haye Bros., Inc., 277 So. 2d 198, 1973 La. App. LEXIS 6996 (La. Ct. App. 1973).

Opinions

DOMENGEAUX, Judge.

Plaintiff, the State of Louisiana, through its Department of Highways, expropriated two portions of the rice farming land belonging to defendant La Haye Brothers, Inc., for purposes of constructing a highway (State Highway 13) in Evangeline Parish, Louisiana. In this case a total area of 19.89 acres was expropriated and in the companion case of State of Louisiana, through Department of Highways v. La Haye Brothers, Inc., 277 So.2d 203, a total of 9.24 acres were taken from the same defendant. The two cases were con[200]*200solidated for trial and have remained so on appeal. We treat both in this opinion, but render separate judgments for each.

The plaintiff and the defenclant entered into stipulations regarding the nature, quantity and value of the property taken, as well as a number of incidental matters. The issues left for the trial court to decide, and which have been presented to us on these appeals, involve the severance damages due for injury to twenty-two and one-half acres of land not taken, and the damage to a cow pen, a water trough, and a water well, likewise not taken. The trial court awarded defendant the sums of $250.00 per acre in severance damages; $1,100.00 for the cow pen; $150.00 for the water trough, and $6,000.00 for the water well. Plaintiff has appealed asking that these awards be set aside, and additionally, complaining of the trial court’s award of $1,675.00 as the fee of one of defendant’s appraisers, Mr. Preston Babineaux.

The evidence shows that plaintiff’s highway was in part constructed along new alignment which traversed defendant’s land, and roughly paralleled a railroad track. The effect was to leave two tracts of the defendant’s land, totaling twenty-two and one-half acres, lying between the railroad track and the new highway. The remainder had formerly constituted part of a much larger area used alternatively for the growing of rice and the pasturage of cattle. It is no longer suitable for the former purpose because it now lies between two elevations, the railroad track and the highway, thus making it highly susceptible to flooding, and additionally because its narrow width (some 200 feet) make it impractical for cultivation with the large equipment presently in use on such rice farms. The fact that it is severed from the remaining land by a highway eliminates its use as pasture because of the danger inherent in permitting cattle to cross the highway. In the opinion of defendant’s experts these factors damage the twenty-two and one-half acres, originally valued by stipulation at $700.00 per acre, to the extent of $400.00 per acre.

Plaintiff’s experts, while they do not question the diminished value of the twenty-two and one-half acres for agricultural purposes, assert that the highest and best use of that land is no longer agricultural as it now enjoys extensive frontage on a new highway. They consider it’s highest and best use to have become light commercial or industrial, and as such they say that it is worth up to $2,500.00 per acre. Thus plaintiff argues that any severance damages that may have been due are more than offset by the enhanced value of the property.

In support of its contention plaintiff points to two sales that have taken place since the expropriation. The first of these was a sale of 0.566 acre to one Allen F. Berzar by defendant for the sum of $3,000.00. The land sold formed part of the remaining twenty-two and one-half acres under discussion, and was situated just north of the city limits of Mamou, Louisiana. The second sale was of 0.27 acre lying just north of defendant’s property. It too is low land fronting on the new Highway 13, but it also enjoys frontage on Highway 10, and at the time of the sale it contained a frame residence. This sale was made for a consideration of $4,500.00.

Defendant argues that those sales are not truly representative of the value of its remainder as both of them were for the purpose of establishing lounges. It was explained that lounges situated within the town of Mamou must by law close at 1:00 A.M. The economic benefits to be derived by such establishments situated beyond the reach of the closing law, but sufficiently near the town as to be conveniently accessible to its residents are obvious, and would certainly justify the payment of premium prices for the land. We do not opine, however, that those sales, being for the specific purpose of establishing lounges with all the attendant benefits of the loca[201]*201tion peculiar to such establishments, constitute a valid gauge of the value of the land as a whole.

Defendant’s expert witnesses did not consider the remainder to be of any commercial or industrial value because of its low position in relation to the bordering highway and railroad tracks, and the flooding condition that this would produce. Even one of plaintiff’s experts testified that the two lounges had been constructed on stilts. It was defendant’s position that the cost of filling in the land would be prohibitive, and therefore destructive of any commercial value that it might have by virtue of its proximity to the new highway.

The trial judge evidently concluded that defendant’s position was correct and that the land was too low to be of significant commercial or industrial value. This is a factual conclusion which we cannot, in view of the evidence, proclaim to be manifestly erroneous. Accordingly, we must and do accept his determination, and we therefore need not discuss the legal question of whether such benefits to the land as were said by plaintiff to have accrued by virtue of the new highway may be used to offset the damages claimed by defendant. Defendant did not question the amount of severance damages set by the trial judge, i. e., $250.00 per acre, and we consequently affirm that portion of the j udgment.

The remaining issues are likewise factual. The defendant proved that it expended the sums awarded it by the trial court for that purpose, in constructing a new cattle pen' and water trough on the west side of the new highway where its cattle could have safe access to them. It was shown that while the old facilities, located on the east side of the highway, between it and the railroad tracks, were not expropriated, they had been deprived of all usefulness and economic value, as cattle cannot safely be driven across, or permitted to roam about, a highway. Landowners have previously been allowed damages for the cost of removing barns, houses, fences, etc., from portions of their land that have been severed from the main acreage by new highways or other constructions. Louisiana Highway Commission v. Hoell, 174 La. 302, 140 So. 485; Louisiana Rural Electric Company, Inc. v. Wimberley, 69 So.2d 542; Louisiana Highway Commission v. Johnson, 189 So. 314. We know of no reason in law or logic why the cost of moving a cattle pen and trough should not be likewise recoverable. Defendant’s witnesses testified that the labor costs involved in relocating the old facilities would be such as to make the purchase of new materials and the construction of new facilities more practical and economical, and there was no testimony to the contrary. For these reasons the trial judge awarded defendant the full cost of constructing the new facilities, and under the circumstances we again cannot say that he erred manifestly in so doing. In so holding we are not unmindful of the fact that the defendant’s land was of necessity more valuable when it contained a usable cattle pen .and trough, than it was when these structures were severed from the main tract and thus relegated to a position of uselessness. State, Department of Highways v. Mason, 254 La. 1035, 229 So.2d 89.

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Related

State ex rel. Department of Highways v. La Haye Bros., Inc.
277 So. 2d 203 (Louisiana Court of Appeal, 1973)

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Bluebook (online)
277 So. 2d 198, 1973 La. App. LEXIS 6996, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-department-of-highways-v-la-haye-bros-inc-lactapp-1973.