State ex rel. Department of Highways v. Perkins

137 So. 2d 102, 1962 La. App. LEXIS 1530
CourtLouisiana Court of Appeal
DecidedJanuary 29, 1962
DocketNo. 5458
StatusPublished
Cited by1 cases

This text of 137 So. 2d 102 (State ex rel. Department of Highways v. Perkins) 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. Perkins, 137 So. 2d 102, 1962 La. App. LEXIS 1530 (La. Ct. App. 1962).

Opinion

LOTTINGER, Judge.

This is an expropriation suit and the plaintiff has appealed from a judgment of the Lower Court. The defendant has neither appealed nor filed an answer. The trial judge in his written reasons for judgment has so adequately resolved the issues presented in this matter that we adopt the pertinent part of his opinion as our own. It is as follows:

“This is a suit to expropriate Lot Eight (8) and the East eight (8) feet of Lot Six (6) of Square Two Hundred Ninety-five (295) of Lake Park Subdivision, measuring 58 feet front on the North side of Boyd Avenue by a depth and front on the west of Lake Park Drive of 110 feet between equal and parallel lines (also designated as No. 915 Boyd Avenue), and improvements, located in the City of Baton Rouge. Plaintiff alleges that in order to construct State Project No. 817-34-05 and Federal Aid Urban No. U-414, the expropriation of the above described property is necessary, and that it is being taken under the authority of Section 19.1 of Article VI of the Constitution of Louisiana and Sections 441 through 460 of Title 48 of the Louisiana Revised Statutes of 1950. Plaintiff alleges that the just compensation to which the defendant is entitled has been estimated at the sum of $16,800.00, and prays that upon a final hearing herein there be judgment in favor of plaintiff fixing the amount of just compensation due at a sum not to exceed $16,800.00.

“Defendant, by answer timely filed, is claiming the sum of Twenty-three Thousand Five Hundred and No/100 ($23,500.00) Dollars, as just compensation for the subject property. Defendant, by supplemental and amended answer, prays for judgment in the additional sum of One Thousand and No/100 Dollars for the payment of expert appraisers.

“Reversing the usual order of things, the defendant in suit placed her witnesses on the stand first. Mr. William Warren Mun-son was the first expert who testified for the defendant. He is an experienced real estate appraiser, being a member of American Institute of Real Estate Appraisers, and also experienced in real estate rentals and in the construction of homes. He expressed the thought that he had something to add to the record which would be of benefit to the court, because of his intimate familiarity with the subject property and his knowledge of the kind of people who would buy property in the area. This witness classified the immediate vicinity of the defendant’s home, which is in the old University Lake (now Capitol Lake) “U” of “Loop”, as a prestigeous location which added value because of its attractiveness as a place to live (See T page 38). He said that in his opinion, homes in this area, this loop around the lake known as Lake Park, definitely are more valuable than the other homes in the general neighborhood, outside of the loop.

“Mr. Munson fixed the value of the subject property on August 9, 1957, the date of the expropriation, at the sum of $22,000.00. In doing this, he used the three methods of appraising that are generally accepted. In using the comparable approach, he found it necessary to go outside of the general neighborhood to get comparables. This was so, he explained, because of the many rumors prevalent in the area since the general [104]*104'rumor of the expressway arose. This situation in his opinion, precluded the existence of a free market in the area. In seeking comparables, he searched for neighborhoods of comparable value and importance. In this connection, he checked the Roseland Terrace area, University Gardens area, the Drehr section and the Kleinert area.

“His first comparable was located at 1938 Ferndale Street in University Gardens D-3. This location, in his opinion, was not quite as good as that of the subject property. There were no curbs and gutters on the streets. The house is much plainer and the materials are not as good, but it is a larger house. It is an old-style house. This sale was made on January 5, 1958, a time when prices were not as good as they were on August 9, 1957 (the date of the taking), Mr. Munson stated. The sale price was $30,000.00. This property, house and lot, was less valuable than the subject property, in his opinion.

“Mr. Munson’s second comparable was located at 800 Drehr Avenue (D^t). This house and lot, the latter measuring 80 x 120 feet, sold for $25,500.00 about three years prior to May 28, 1958. The house, the witness explained, was in a very poor state of repair. The house is about the same size as the house on the subject property, but the lot is larger. It was the opinion of Mr. Munson that this property would have sold for $27,500.00 if the owner had expended the sum of $500.00 for repairs prior to its sale. This comparable is located in zone A-l, whereas the subject property is situated in zone C. The latter, Mr. Munson stated, has much more value per front foot.

“Mr. Munson compared this comparable (D-4) with the property located at the southeast corner of Delphine and Spain Streets (D-5) to point up the importance of the neighborhood. The property (D-5) sold for $16,500.00. The house is larger and a little older than the house located at 800 Drehr Avenue (D-4) and the lot has a front of 80 feet. Mr. Munson said the property (D-5) would have brought $27,500.00, if it was located where (D-4) is situated. The difference is due, he explained, to the acceptability of the neighborhood. It was his judgment that the subject property’s location is an acceptable neighborhood and one that added bonus to its value.

“The next comparable taken into account by Mr. Munson was the sale of the property located at the corner of Tulip Street and Park Boulevard (D-6). This sale took place in October, 1954 and the price was $18,500.00. The lot measured 42 x 120 feet and is a corner lot. Mr. Munson stated that this lot is worth about $3,000.00 less than the lot of the subject property.

“The location of the next comparable was 1701 Cedardale Street in University Gardens (D-7). This house sold for $21,500.00 about two years prior to the date of the trial of this lawsuit. The house is an old style brick house, which had some rooms added to it, the work being poorly done. It is located on a blacktop street of very poor quality, without curbs and gutters. The neighborhood is good, Mr. Munson stated, but not as good as that of the subject property. In fact, he stated, Lake Park, where the subject property is situated, is far superior.

“Mr. Munson discussed a house and lot located at 630 Lakeland Street (D-8) and stated that the owner thereof wanted $22,-500.00 for it. A prospective purchaser was willing to pay $21,000.00 for it, but the owner insisted upon $22,500.00. There was no sale. This property is located in the immediate area of the subject property. He described the neighborhood as fair, but the house was in need of repair. In his opinion if this house would sell for $21,000.00, the value of $22,000.00 which he placed on the subject property, would certainly be, a fair price.

“In answer to a question, Mr. Munson stated that he was an experienced house builder and that he has been building houses since 1946 and 1947. (Tr. 53). He estimated the reproduction cost of the house (subject property) including the porches, [105]*105the garage, the walks and drives at $27,-529.00. From this figure he subtracted a total depreciation of forty per cent or $11,-011.00, which subtracted from the reproduction cost gave him a value of $16,518.00. Mr.

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Bluebook (online)
137 So. 2d 102, 1962 La. App. LEXIS 1530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-department-of-highways-v-perkins-lactapp-1962.