State ex rel. Department of Highways v. Mamou Development Co.

218 So. 2d 342, 1969 La. App. LEXIS 5435
CourtLouisiana Court of Appeal
DecidedJanuary 16, 1969
DocketNo. 2547
StatusPublished
Cited by2 cases

This text of 218 So. 2d 342 (State ex rel. Department of Highways v. Mamou Development Co.) 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. Mamou Development Co., 218 So. 2d 342, 1969 La. App. LEXIS 5435 (La. Ct. App. 1969).

Opinions

SAVOY, Judge.

The State of Louisiana, through the Department of Highways, filed this suit expropriating for highway purposes a strip of land off the east side of defendant’s property, which is located on Louisiana Highway No. 13 about three miles north of Eunice, in Evangeline Parish, Louisiana. The plaintiff deposited $3,820.00 as just compensation for the property expropriated. Defendant filed responsive pleadings alleging the amount deposited was inadequate and seeking an increase in the amount granted for the value of the land taken, as well as severance damages. After trial on the merits, the district court increased the award $8,180.00, making a total of $12,000.00. From this judgment plaintiff has appealed to this Court, and defendant has answered the appeal.

The issues involved are the value of the property expropriated, and the amount of severance damages, if any, to the remaining property.

The record shows that the property taken is a part of Green Oaks Subdivision. Defendant corporation, formerly Mamou Development Company, Inc. and now Mamou Investment Company, Inc., was organized in 1959 for the purpose of acquiring and developing the property which comprises the subdivision. On April 30, 1959, defendant purchased the 20.37 acres from F. J. Derouen, Sr., for $20,000.00. The property fronts 664 feet on La. Highway 13 and extends back a depth of 1281 feet. This property is the first high level open land north of the wooded area flanking Bayou de Cannes. There are numerous well-spaced stately green oak trees throughout the subdivision, consistent with its name.

The subdivision was divided into 99 lots in accordance with the plat of the subdivision dated July 1, 1959, filed in the Clerk of Court’s office in Evangeline Parish, Louisiana. A road enters the subdivision from La. Highway 13 in the middle of the property, and there are 12 lots fronting on the highway 156 feet in depth. Ten of the lots are 50 feet wide, and two of the lots are 54.1 feet wide. There are 87 lots within the back portion of the subdivision, which are zoned residential. Restrictive covenants were filed of record on July 14, 1959, and October 28, 1959. The property was cleared and levelled, and the roads were cut. Gas, water, electricity and telephone services were brought to the property. In accordance with well-formulated plans, an attempt was made to immediately sell a number of the lots at an attractive price. Between August 8, 1959, and April 27, 1960, nineteen of the residential lots were sold at prices ranging from $450.00 to $600.00. Witnesses for defendant testified that these prices were low inducement prices consistent with good development practices, that the development was foreseen as a long range one, and its progress to date fulfilled the owners’ expectations. Defendant was waiting to sell the lots fronting the highway until the subdivision was more fully developed and intended to be selective in choosing a buyer who would place a commercial business conducive to raising the value of the remaining lots in the subdivision.

Green Oaks Subdivision is in the outlying suburbs of the City of Eunice, Louisiana, approximately three miles north of the city limits. North of Eunice, Louisiana Highway 13 is built up with homes along the highway to Green Oaks Subdivision, and the area beyond to the north is predom[344]*344inately agricultural, although there are scattered homes for a distance further to the north, including a small subdivided area.

When the subdivision was platted in 1959, an additional ten foot strip along the highway was dedicated for the eventual widening of the road. It was not anticipated at that time that the ten feet would be inadequate. The land for which compensation is sought herein is an additional strip approximately 58 feet in width off of the east side of the twelve lots fronting on the highway. After the taking, these lots were reduced in size to • a depth of less than 100 feet. The depth of the lots cannot be increased if sold for commercial purposes, because of the residential restrictions on the lots comprising the balance of the subdivision.

Defendant’s main expert witness was F. J. Derouen, Sr., a real estate broker of Eunice, Louisiana, with fifteen years experience, which included the development of another subdivision between Eunice and Green Oaks Subdivision. He valued the twelve lots in question at the time of the taking at $2,450.00 each, or $29,400.00 total. He valued the remainder of these lots after the taking at $1,600.00 for a total loss of $27,800.00. He testified the residential lots were damaged to the extent of $75.00 each, at least for a while, because they were closer to the highway which would now be more heavily travelled. It was stipulated that the testimony of Equila Duplechin, a real estate broker of Eunice, with twenty-two years experience, would be the same as that of Mr. Derouen.

The plaintiff’s expert witnesses were Mr. Maurice Chappuis of Lafayette, who had eight years experience as an appraiser and was a member of the American Institute of Real Estate Appraisers, and Mr. Stanley A. Tiger, a real estate broker and appraiser of Crowley since 1949. Mr. Chap-puis valued the 12 lots in question at $8,400.00 before the taking and at $5,215.00 after the taking, with a resulting loss of $3,185.00. It was his opinion that there were no severance damages. Mr. Tiger valued the 12 lots at $10,000.00 before the taking and computed the value of the property taken on a square footage basis of 10.8^ per square foot to total $3,820.00. He also found no severance damages to the remaining properties.

The district court found that each of the 12 lots in question had a value of $2,000.00 at the time of the taking; and that after the taking, the lots could still be used for commercial purposes by combining two lots to make one lot, resulting in six lots which would still have a valuation of $2,000.00 each. Without separating the amount awarded for the area expropriated from the severance damages to the remaining portion of the 12 lots, the district court made an award to the defendants of $12,-000.00. It found no severance damages with respect to the remaining residential lots.

Plaintiff argues that the district court erred in accepting the testimony of defendant’s expert witnesses and disregarding the testimony of plaintiff’s expert witnesses, despite their superior qualifications and their more cogent and realistic testimony ; that the basis for the district court’s award was improper; and that there was no finding as to the highest and best use of the property for the purpose of determining the market value of the part taken and severance damages, if any.

Defendant contends the district court properly discredited the testimony of plaintiff’s expert witnesses, as the comparative or market data approach could not be used with any degree of accuracy in this case because of the peculiarity of location and typography involved; that the district court’s valuation of each lot on the highway at $2,000.00 was substantially correct, but that its conclusion as to the value of the remaining portion of these lots, after the taking, was erroneous, since it ignored the realities of the parking problem at suburban commercial establishments. Counsel [345]*345for defendant also contends that the district court erred in ignoring the severance damages to the residential lots resulting from the conversion of the farm-to-market road to a wide and heavily travelled highway.

Our first consideration will be to determine the highest and best use of the 12 lots on the highway.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State ex rel. Department of Highways v. DeRouen
228 So. 2d 659 (Louisiana Court of Appeal, 1969)
State ex rel. Department of Highways v. Mamou Development Co.
221 So. 2d 516 (Supreme Court of Louisiana, 1969)

Cite This Page — Counsel Stack

Bluebook (online)
218 So. 2d 342, 1969 La. App. LEXIS 5435, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-department-of-highways-v-mamou-development-co-lactapp-1969.