State ex rel. Department of Highways v. Patout

236 So. 2d 40, 1970 La. App. LEXIS 4752
CourtLouisiana Court of Appeal
DecidedMarch 12, 1970
DocketNo. 3014
StatusPublished
Cited by7 cases

This text of 236 So. 2d 40 (State ex rel. Department of Highways v. Patout) 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. Patout, 236 So. 2d 40, 1970 La. App. LEXIS 4752 (La. Ct. App. 1970).

Opinion

MILLER, Judge.

As authorized by Section 19.1 of Article VI of the Louisiana Constitution and by LSA-R.S. 48:441-460, the Louisiana Department of Highways expropriated certain property in the Parish of Lafayette for the construction of Interstate Highway I — 10. Landowners, insofar as we are here concerned, were Charles A. Patout, Lawrence C. Richard and Vermilion Development Company, Inc. The two expropriation suits were consolidated for trial and appeal purposes, and we are handing down separate decrees. See 236 So.2d 53 for the decree in the Vermilion Development Company, Inc. case.

In accordance with the November 18, 1964 order of expropriation, the Highway Department deposited $58,800 for the properties owned by Patout and Richard, and $115,350 for the properties owned by Vermilion Development Company, Inc. Defendants withdrew the deposits in December, 1964, and answered demanding $522,458.43 and $115,900.00, respectively. In April, 1965, the Highway Department amended its pleadings to reduce its tenders of damage to defendants to the sum of $34,830 and $18,074, respectively.

After ten days of trial during June and July of 1965 and after taking the cases under advisement, the trial court handed down written reasons awarding $137,178 to Patout and Richard and $128,141 to Vermilion Development Company, Inc. The Highway Department appealed and defendants have answered both appeals seeking an increase in the award to Patout and Richard to $218,738 (subject to credit for $58,800 previously deposited) and to Vermilion Development Company, Inc., to $145,275 (subject to credit for $115,350 previously deposited).

The issues are: (1) Did landowners purchase the expropriated lots and construct five houses (on six of these lots) in bad faith with the sole purpose of enhancing an award of damages to them? (2) What is the effect of the development contract executed and recorded in 1958? (3) What is the value of the property expropriated? and (4) What is the value of the severance damages ?

The following statement of facts by the trial judge has been accepted by the parties. The parenthetical additions are substitutions or additions by the writers.

“It is stipulated by and between counsel that a public notice of a public hearing to be held in Lafayette, Louisiana was published in The Advertiser, a Lafayette newspaper, on September 10, 1959; further that the public hearing regarding the contemplated construction of I — 10 through the Lafayette area was held in Lafayette, Louisiana on October 6, 1959.

“It was further stipulated that the salvage value of the 5 houses expropriated from Vermilion Development Company, Inc. was $17,760.00.

[42]*42“The property owned by defendants and involved in this case is located partly in the Richter Park Subdivision of Lafayette Parish, Louisiana, and partly in property located adjacent thereto and included in a proposed future extension of such subdivision. The property involved in (the Vermilion Development case) is improved and the property involved in (the Patout and Richard case) is unimproved. Plats of survey showing the properties involved in the taking are attached to both suits as Exhibit P-3.

“Originally, A. A. Richter and Robert H. Richter owned a rectangular shaped tract of land containing 108.82 acres. They had a partition of this property with A. A. Richter taking the north one-half thereof and Robert H. Richter taking the south one-half. Shortly thereafter, and on the same day, September 16, 1958, both Rich-ters entered into separate but similar development contracts with. Charles Patout and Lawrence Richard under the terms of which they obligated themselves to sell their land to such developers at the rate of $2,000.00 per acre in exchange for the development of such land into a residential subdivision.

“Contemporaneously with the above transaction, Richard, Charles Patout and his brother, Eugene Patout, created the Vermilion Development Company, Inc., which corporation was owned by the three men in the proportions of one-third to each. The corporation was to purchase property from the developers as lots and build homes on them which it was to sell to the general public.

“The original plan was to develop the property covered by the development contracts in a prudent, orderly, and efficient manner. The first subdivision created on December 3, 1958 was called Richter Park Subdivision and consisted of a street running north and south called Richter Drive with building plots on either side having dimensions of approximately 60 feet fronting on said street by a depth of approximately 105 feet. Approximately in the center of Richter Drive was Julie Drive, which began on the west line of Richter Drive and extended westward. Richter Drive above and below Julie Drive was called North and South Richter, respectively. The plan operated as expected and in due time the lots in the subdivision were sold to the corporation (which) constructed homes on such lots and sold them to the general public.

“In time, the need for additional lots arose and on September 11, 1959, Richter Park Subdivision, Extension No. 1 was created. Julie Drive was extended further westward, and North and South Orleans Drive was created with lots on either side thereof similar in size and plan to that employed in the original Richter Park Subdivision. There was also created at this time, Covington Drive and Hammond Road at the north and south ends thereof respectively.

“The same need for additional lots prompted the creation of Richter Park Subdivision, Extension No. 2 on February 22, 1962, with Julie Drive, Covington Drive and Hammond Road being extended still further westward and the creation of North and South May Drive as the main street of this extension. Lots size and shape were similar to the two preceding subdivisions.

“Subsequent thereto Albert A. Richter and Robert Richter sold to Charles A. Patout and Lawrence C. Richard all of the property owned by them located south of the proposed extension of West Julie Drive up to the railroad right-of-way so that at the time of the taking, (Patout and Richard) owned all of the property located south of West Julie Drive.

“During this period of time, Louisiana Highway No. 3052 (US 167) was created, being located just to the east of the Richter Park Subdivision complex. The interchange or intersection of this highway with [43]*43the proposed Interstate Highway 10 was so located that the westerly leg thereof, having a right-of-way 300 feet in width, extended into the Richter Park Subdivision to a point located midway between North May and North Orleans Drive or on a line running north and south and located on the rear or back lot lines of lots facing North Orleans Drive and North May Drive.

“Properties owned by defendants herein and affected by such intersection were acquired from them by plaintiff by voluntary sales, (recorded Aug. 1, Sept. 6 and Sept. 27, 1961) copies of which are on file in these proceedings.

“On January 29, 1963, Charles A. Patout and Lawrence C. Richard purchased from A. A. Richter, 61 lots, 6 of which were located in the Richter Park Subdivision, Extension No. 2, and 55 of which were located in the undedicated and unimproved portion of the Richter tract scheduled for eventual development as a residential subdivision. All of these lots, without any exception whatsoever, were located completely within or were partially affected by the right-of-way of Interstate 10.

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625 So. 2d 1070 (Louisiana Court of Appeal, 1993)
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482 So. 2d 765 (Louisiana Court of Appeal, 1986)
State ex rel. Department of Highways v. Patout
249 So. 2d 179 (Supreme Court of Louisiana, 1971)
State Ex Rel. Department of Highways v. Vermilion Development Co.
249 So. 2d 167 (Supreme Court of Louisiana, 1971)
State ex rel. Department of Highways v. Vermilion Development Co.
236 So. 2d 53 (Louisiana Court of Appeal, 1970)

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Bluebook (online)
236 So. 2d 40, 1970 La. App. LEXIS 4752, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-department-of-highways-v-patout-lactapp-1970.