State ex rel. Department of Highways v. Ourso

294 So. 2d 235
CourtLouisiana Court of Appeal
DecidedApril 22, 1974
DocketNo. 9772
StatusPublished
Cited by2 cases

This text of 294 So. 2d 235 (State ex rel. Department of Highways v. Ourso) 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. Ourso, 294 So. 2d 235 (La. Ct. App. 1974).

Opinion

SARTAIN, Judge.

This is an expropriation proceeding occasioned by the taking of defendants’ property in Ascension Parish for the construction of Interstate 10 (State Project No. 450-11-02, Federal Aid Project No. 1-10-4(5)177, Dutchtown-Gonzales section.) Suit was filed on June 4, 1971, at which time the sum of $5,791.00 was deposited in the registry of the court and an Order of Expropriation was signed by the district judge.

The case was assigned for trial and heard on June 2, 1972. The court reporter was ill on that date but it was agreed by all parties that the matter would be heard without the ultimate benefit of the transcript of the testimony and that a narrative of facts (C.C.P. Art. 2131) would be submitted by respective counsel. When counsel could not agree on the testimony, the trial judge was then required to submit his own narrative of facts, which he did.

In due course, judgment was rendered increasing the amount for the taking from $5,791.00 to $7,366.00, but denying defendants’ claims for severance damages. From this judgment defendants have appealed. We affirm.

Defendants assert the following assignment of error:

1.
The District Court erred in not assessing the value of the part taken at $2000.00 per acre, which was the reflected market value of the land as of the date of the taking.
2.
The District Court erred in not finding that the remainder property had sustained severance damages in view of the affects to the property of the defendants-landowners as a result of the taking and this interstate highway project’s proximity to the property.

Plaintiff’s basic argument is that the judgment of the trial court is not manifestly erroneous and should be permitted to stand.

At the outset, we must note that the record consists solely of the pleadings, the written reports of four appraisers, and the trial judge’s Narrative of Facts. However, the latter simply refers to the reports of the appraisers as contained in the record without explanation as to which of the reports or any part thereof the trial judge deemed to be more reasonable and thus acceptable to him. Hence, we do not have the benefit of the trial judge’s thoughts nor the basis for the increase in the value of the land taken, nor his reasons for denying severance damages. We shall, therefore, examine the reports of the ap[237]*237praisers to determine if, in our opinion, the result reached by the judge a quo is manifestly erroneous.

The following sketch can best illustrate defendants’ property, both before and after the taking.

As evidenced by the above sketch, defendants’ original tract contained 41.040 acres and was bounded on the west by State Highway 930, on the north by State Highway 939, and on the south by State Highway 940. The portion taken consisted of 4.012 acres, leaving defendants 1901.09 feet front on State Highway 930, the same frontage on State Highway 939 on the north, and 787 feet frontage on a connecting road between State Highway Nos. 930 and 940.

The state highways above referred to are typical rural asphalt roads. All ap[238]*238praisers indicated the property was fenced, fairly high, well drained, and wooded on the north and cleared on the southern portions. However, a photograph in the record shows that the fences were in rather poor condition. The appraisers further lead to the conclusion that the highest and best use of this property was and is for rural residential purposes, i. e., subdivided into two to five acre lots. „

All of the appraisers used the market data approach and obtained comparables upon which to base their conclusions.

The two appraisers appearing for the plaintiff were Messrs. Oren W. Russell and Daniel J. Carlock, Jr. Mr. Russell appraised the property at a value of $1250.00 per acre, the fence at $280.18, and the water well at $347.00, for a total value of $5,642.18, computed as follows:

$1250.00 per acre X 4.012

acres = $5,015.00

- Value of fence and water well 627.18

for a total of $5,§42.18

Mr. Carlock appraised defendants’ property at $1300.00 per acre and $575.00 for improvements, for a total value of $5,790.60, computed as follows:

$1300.00 per acre X 4.012

acres = $5,215.60

Value of improvements 575.00

for a total of $5,790.60

Neither Mr. Russell nor Mr. Carlock was of the opinion that defendants were entitled to any severance damages.

The appraisers appearing for the defendants were Messrs. C. C. Book and Kermit Williams. Mr. Book concluded that the per acre value of defendants’ property before the taking was $2,500.00 per acre and that the water well was worth $500.00.

$2500.00 per acre X 4.012

acres = $10,030.00

Value of the water well 500.00

for a total of $10,530.00

He further determined that the balance of the tract consisting of 37.028 acres suffered severance damages to the extent of fifteen percent or $13,885.00.

Mr. Kermit Williams placed a per acre value of $2,000.00 on defendants’ property and $900.00 on the water well.

$2000.00 per acre X 4.012

acres = $8,024.00

Value of the water well 900.00

for a total of $8,924.00

He was also of the opinion that the remainder of defendants’ property suffered severance damages in the amount of twenty percent of the value or $14,811.00.

We shall first address ourselves to the value of the portion of the property expropriated. Assuming that $600.00 of the amount awarded by the trial judge was for improvements, either the fence or the well or both, there remains a balance of $6,766.00 to be attributed to the value of 4.012 acres, which according to our computation, places a per acre value of $1,686.00. Thus it can be seep that the value ascribed to the portion taken is higher than the appraisers for the State, but lower than the appraisers for the defendants. We cannot say that the value assigned by the trial judge is manifestly erroneous. Our reason for reaching this conclusion is primarily based on the fact that the comparables used by each of the appraisers are not in the immediate vicinity of the property expropriated. Actually, there are none. Each appraiser had to take what, in his opinion, constituted a reasonable comparable and then make adjustments as he deemed necessary. It will serve no useful purpose here to recite in detail the numerous comparables used by these four appraisers. They consisted of transactions dating from as early as February, 1967 to as late as May, 1970, with tracts ranging in sizes from .8 acres to 217 acres, at prices per acre ranging from $800.00 to $3800.00. One of the transactions used as a comparable closest to the property sold at an [239]*239average cost of $3,815.00 per acre. Yet the appraiser using this comparable assessed the value of defendants’ land at $2,000.00 per acre. Obviously, he made adjustments for improvements. Without the benefit of the transcript and his reasons for doing so, we cannot accept this particular comparable as justifying an award higher than that made by the trial judge.

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

Related

State, Dept. of Highways v. New Orleans Term. Co.
319 So. 2d 568 (Louisiana Court of Appeal, 1975)
State ex rel. Department of Highways v. Ourso
299 So. 2d 358 (Supreme Court of Louisiana, 1974)

Cite This Page — Counsel Stack

Bluebook (online)
294 So. 2d 235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-department-of-highways-v-ourso-lactapp-1974.