State ex rel. Department of Highways v. McTeague

244 So. 2d 263
Louisiana Court of Appeal·Decided December 21, 1970·No. No. 8153·Published·Cited by 1 cases

Opinion

LANDRY, Judge.

Plaintiff (Department) takes this appeal from the judgment of the lower court awarding defendants, Mr. and Mrs. Mc-Teague, compensation in the sum of $54,-394.00 for the expropriation of defendants’ property for highway purposes. The sole question before this court is the value of the property taken and the amount of severance damages, if any, to the noncon-tiguous parcels remaining after the taking.

Subject property is situated 6 miles west of Hammond, Louisiana, in the northwest corner of the intersection of Louisiana Highway 1040 (Old Baton Rouge-Hammond Highway), which runs in an easterly-westerly direction, and Mothram or Stein Road. It fronts 256.35 feet on the north line of Highway 1040, a two-lane paved highway; its western depth is 430.27 feet; its eastern depth and frontage on Mothram Road is 386.48 feet and its rear line is 250 feet. The tract contains 2.375 acres. To the north of Highway 1040, Mothram Road is graveled, to the south of Highway 1040, Mothram Road is paved and is known as Happy Woods Road.

When taken on February 3, 1964, the property was utilized for both commercial and residential purposes. A combination grocery and service station of masonry construction, on a concrete slab, comprising 2400 square feet in area, occupied the southeast portion of the property. The building fronted Highway 1040 at the intersection above noted. Around the store an area of about 15,000 square feet had been paved for parking. Attached to or near the store was situated a trash bin and a shed to house compressors which operated a walk-in cooler utilized in the store. The residence, situated in the northwest corner of the property, set back considerably from Mothram Road, was of brick veneer constructed on a concrete slab. It consisted of two bedrooms with tile baths, modern kitchen, living room and dining room. It was variously estimated to contain from 1373 to 1505 square feet of enclosed living area. The residence had a storage shed containing approximately 166 square feet, a concrete patio embracing about 250 square feet, a porch comprising about 149 square feet and a carport consisting of approximately 288 square feet. A paved, U-shaped concrete drive approximately 10 feet in width ran from about the property line to the residence, terminating in a paved 'area 12 X 21 feet in front of the house. Near the road and across the intervening ditch the driveway was graveled. Situated near the entrance to the house was an outdoor electric light installed on a post. The premises also contained a well enclosed in a brick well house. In addition, utility lines ran from the store to the residence. The house and store were also connected with an alarm system, a stereo system and a two foot wide walk constructed of brick topped with a concrete veneer. At the time of taking the residence was approximately four years old and the commercial building three years of age. It is conceded by all appraisers that both the store and residence were constructed of prime materials by expert craftsmen. It is likewise conceded both structures had been well maintained and were in excellent condition.

All of the appraisers who testified agreed in essence that the highest and best use of subject property was its use at the time of taking. That is, the frontage along Highway 1040, to a depth of approximately 250 feet, containing the store and its appurtenances, was deemed commercial, whereas the remaining area, approximately 150 feet front on Mothram Road by the easterly-westerly depth, containing the residence, was considered residential.

From the commercial area, which comprised 1.292 acres, tract 5-14 consisting of 0.759 acres was taken. It comprised virtually the southern 14 of the entire tract and included the store, its auxiliary structures, the concrete parking area, part of the walk, the utility lines serving the store and certain other lines. There remained untaken from the commercial portion, a [266] tract containing 0.533 acres, lying immediately north of expropriated tract 5-14. The residential area encompassing 1.083 acres sustained a taking of 0.514 acres (Tract 5-13), which included part of the U-shaped driveway, the lamp post, portions of utility lines and part of the walk. The residence, untouched, remained on a parcel containing 0.569 acres fronting approximately 104 feet on what has become an auxiliary or access road to the new principal highway. The residential remainder is separated from the commercial remainder by the new connector road.

Subsequent to the expropriation, the remaining 0.533 acre tract was sold by defendant for $4,000.00 cash on October 26, 1966. The remaining house site was sold in 1967 for $17,000.00 and repurchased by defendant on February 26, 1968, for $15,-000.00.

The land and improvements taken and the value of the two remaining parcels were appraised and fixed by five witnesses, namely, Messrs. Darrel V. Willet and Edward J. Deano, testifying on behalf of the Department, and Messrs. Thomas Womack, Kermit Williams and J. Russell Doiron, who appeared for defendants. The trial court accepted the appraisal of Mr. Doiron, aggregating $54,394.00, on the ground that said witness’ analysis was well grounded and impressed the Court. Appellant contends the trial court erred in accepting Mr. Doiron’s figures because his appraisals of land values were not predicated upon the use of comparables and Mr. Doiron did not view subject property until construction was under way. Appellant also argues that the lower court erred in rejecting the appraisals of Mr. Willet, in the sum of $43,547.00, and not awarding damages in this lesser amount. Incidentally, appellant suggests the testimony of Mr. Williams may not be considered as expert testimony because the trial court neglected to recognize Mr. Williams as such.

The issues presented must be resolved in the light of certain well established rules of law. In an expropriation proceeding, the landowner bears the burden of establishing the claimed value of the property taken and the severance damages, if any, to the remainder. State of Louisiana Through Department of Highways v. Kemp, La.App., 141 So.2d 487. The measure of compensation for property expropriated for public purposes is its market value at the time of taking, not its subjective value to its owner or what the owner may have derived therefrom had the taking not occurred. Louisiana Highway Commission v. DeBouchel, 174 La. 968, 142 So. 142; Caddo Parish School Board v. Wilier, 227 La. 201, 78 So.2d 833.

In expropriation proceedings, the testimony of each expert should be considered and given effect when it appears well grounded from the standpoint of sincerity and good reasoning. Expert testimony, however, may be disregarded when it unfavorably impresses the Court. State of Louisiana Through Department of Highways v. Christ Baptist Church, La.App., 197 So.2d 83.

Market value, the price paid by a willing and informed buyer to a willing and informed vendor, is best determined by the utilization of comparable sales where com-parables are available. Reliance on criteria, such as the opinions of experts based on general knowledge and experience, is of secondary importance in determining market value when comparable sales are available. City of Alexandria v. Jones, 236 La. 612, 108 So.2d 528.

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State ex rel. Department of Highways v. McTeague, 244 So. 2d 263 (La. Ct. App. 1970).

244 So. 2d 263 (State ex rel. Department of Highways v. McTeague) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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