State ex rel. Department of Highways v. Riverside Realty Co.

317 So. 2d 693, 1975 La. App. LEXIS 3705
CourtLouisiana Court of Appeal
DecidedJune 30, 1975
DocketNos. 10349 to 10352
StatusPublished

This text of 317 So. 2d 693 (State ex rel. Department of Highways v. Riverside Realty 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. Riverside Realty Co., 317 So. 2d 693, 1975 La. App. LEXIS 3705 (La. Ct. App. 1975).

Opinion

BAILES, Judge Pro Tem.

The plaintiff, State of Louisiana, through the Department of Highways, filed expropriation proceedings for the taking of the hereinafter described property for highway construction and improvement purposes under the provisions of LSA-R.S. 48:441 et seq. All suits involve the same parties, both plaintiff and defendant.1

These appeals involve only the question of severance damages. Seven separate tracts of land were involved in the taking. The remainders of the taking of these seven parcels of land were found by the district court to have suffered severance damages. These parcels are described and hereinafter referred to as 1, 2, 3-23, 5 — 1, 5 — 6, 5-7 and 43. The trial court awarded severance damages resulting to the remainder left from the taking of Parcel 3-23 in the amount of $5,900; and to the respective remainders for the taking of Parcels 1, 2, 5-1, 5-6, 5-7 and 43 in the amount of $6,790. The award of severance damages associated with Parcel 3-23 was broken down as follows: 24.4 acres on the west side of Highway 1-59, $4,880, and for 1.7 acres on the east side of Highway 1-59, $1,020. The award of $6,790 associated with Parcels 1, 2, 5-1, 5-6, 5-7 and 43 was divided by the trial court as $3,920 for remaining property on the west side of 1-59 and $2,870 attributed to remaining property on the east side of 1-59.

The State has appealed these awards.

Involved herein is the taking of land for the construction of a portion of Highway 1-59 north of Slidell. We find the following description of the parcels involved accurate and quote from the plaintiff’s brief, as follows:

“Parcel 3-23 is located approximately 3 miles north of Slidell. The subject property, as a whole, is considered to be approximately 35 acres and is 7 five-acre tracts subdivided and identified as Oak Ridge Subdivision. [This] subdivision was developed many years ago; however, it was not developed fully and only a portion of the lots are sold. The subject property has very limited access and could be reached only by a small private road leading to the extreme northeast corner of one of the 7 lots. At the present time, the subject property is still remote and inaccessible except by one gravel road leading off of Lincoln Road stopping at approximately the northwest corner of Lot 33.

“The part taken * * * is a 300-foot wide strip running north and south through the lower or east portion of the property. * * * (C)ontained in the total taking is 9.038 acres.

“The property after the taking [is designated] as a large remainder on the west of the taking containing approximately 24.286 acres and a small remainder on the east side of * * * 1.676 acres. This small remainder on the east has been isolated and is without access, detached from the large remainder. The large remainder [24.286 acres] however, enjoys the same position in relation to accessibility as [it] did prior to the taking.”

Parcels 5-1, 5-6 and 5-7 are takings for 1-59 located about one mile north of Parcel 3-23. Parcels 1, 2 and 43 are takings for the purpose of widening what is known as Military Road or State Highway 1090. Parcels 43 and 2 are located on the west side of Military Road and Parcel 1 is on the east side thereof. At the location Parcels 5-1, 5-6 and 5-7 (taken for 1-59) and Parcels 1, 2 and 43 (taken for State Route 1090) Highways 1-59 and 1090 are about one-eighth mile apart, the latter lying to the east of the former. The accompanying plats more clearly located these parcels.

[695]

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Related

State, Department of Highways v. Singletary
185 So. 2d 642 (Louisiana Court of Appeal, 1966)
State, Department of Highways v. Dodge
168 So. 2d 430 (Louisiana Court of Appeal, 1964)

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Bluebook (online)
317 So. 2d 693, 1975 La. App. LEXIS 3705, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-department-of-highways-v-riverside-realty-co-lactapp-1975.