State ex rel. Department of Highways v. Roland J. Robert Distributor, Inc.

405 So. 2d 1174, 1981 La. App. LEXIS 5240
CourtLouisiana Court of Appeal
DecidedOctober 12, 1981
DocketNo. 14309
StatusPublished
Cited by2 cases

This text of 405 So. 2d 1174 (State ex rel. Department of Highways v. Roland J. Robert Distributor, Inc.) 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. Roland J. Robert Distributor, Inc., 405 So. 2d 1174, 1981 La. App. LEXIS 5240 (La. Ct. App. 1981).

Opinion

WATKINS, Judge.

This is an appeal taken by the State Department of Highways from the awarding to defendant, Roland J. Robert Distributor, Inc. of $57,280.00, less a credit of $7,897.00 previously deposited in the court, for property value and severance damages in the expropriation of a portion of a certain tract of land which the defendant corporation owned and on which it operated a service station, tire and automobile parts distributorship and automobile repair service department. Also located on the tract of land was a building used as a warehouse, on each end of which building were two retail rental units. The Department of Highways contends on appeal that the portion of the award attributable to property value was excessive, and that no severance damages should have been awarded. We affirm.

The order of expropriation was dated March 9, 1976. The trial on the amount to be awarded was conducted December 21, 1979. Although the cases were not consolidated, by stipulation of counsel the testimony taken in four other expropriation cases1 involving property near the site of the property presently involved was to be considered for purposes of formulating a judgment as to value.

The service station and related facilities are located on the northwest corner of the intersection of Louisiana Highway 44 and Louisiana Highway 30 in Ascension Parish. The property taken in the present case was a strip of property fifteen feet in width along Louisiana Highway No. 44, containing 2,287.50 square feet. The strip of property is the easternmost fifteen feet of the defendant’s tract of land at this site. The parent tract of land owned by the defendant and affected by this expropriation is slightly irregular in shape, but it approximates a 200 foot by 200 foot square excluding a roughly equilateral triangle of land of about 90 feet on each side of the triangle which filled in the northwest corner of the said intersection. At the point of intersection Highway 44 runs north and south from Gonzales to the Burnside industrial complex and Highway 30 runs east and west from Baton Rouge to the Airline Highway. Gonzales lies a short distance to the north on Highway 44.

[1176]*1176Although the defendant’s property lies on the corner, bordering the property to the north and west is the property of Eastbank, Inc., which owns and operates a large shopping center thereon. Directly to the east across Highway 44 from defendant’s property is the property on which Daigle Pontiac conducts its business. A bank and a considerable number of retail outlets are also situated on Highway 44.

The property of defendant on Highway 44 along with property belonging to others was expropriated to effect the widening and improvement of that highway. The intersection of Highways 44 and 30 was controlled by a traffic signal both before and after widening. However, a median was to be placed on Highway 44 on the north and south approaches to the intersection which had not been in place before.

At the time of expropriation defendant’s place of business had one island for gasoline pumps, located on the Highway 30 access drives to the service station. Although wiring and plumbing had been installed to permit the building of another service island parallel to Highway 44, the gasoline pumps for that island had not been installed at the time of the taking.

Defendant called one expert appraiser, Kermit W. Williams. The Department of Highways called two expert appraiser, L.J. Roy and Oren W. Russell. The three appraisers arrived at their valuation of the property by the comparable sales method. Williams estimated the expropriated property to have a value of $5.00 per square foot, or the portion taken to be worth $11,-437.00 for the land and $1,508.00 for the improvements taken, for a total value of $12,945.00. He testified that on the remaining property defendant had sustained severance damages of $44,335.00 as a result of the taking, determined by the reduction of the value of the remaining land from $5.00 to $4.00 per square foot, and a reduction of 10% of the utility of the buildings and improvements on the remaining land. Roy, on the other hand, testified that the expropriated property was worth $2.50 a square foot at the time of taking, or $5,719.00. Improvements were valued by Roy at $2,288.00. He thus arrived at a total valuation of the property expropriated at $8,007.00. Russell estimated the value of the property taken to be $2.31 a square foot, or $5,284.00. Improvements were valued by Russell at $2,709.00. He thus arrived at a total valuation of $7,993.00. Neither Roy nor Russell found that any severance damages had been sustained.

The trial court found in written reasons for judgment that Williams’ appraisal was the most reasonable. The reasons for judgment specifically mention (1) the fact the corner in question was the prime corner in the area, (2) the fact that the corner in question had the greatest traffic flow in the area, and (3) the fact that the largest shopping center in the Gonzales area stood on the north and west sides of the defendant’s property. A trial court award in an expropriation case will not be upset when it bases its award upon a reasonable and sound analysis of expert testimony. State through Department of Highways v. Havard, 239 La. 133, 118 So.2d 131 (1966); State through Department of Highways v. Thurman, 231 So.2d 692 (La.App. 1st Cir. 1970).

Defendant’s expert and the state’s experts used, or were aware of, generally the same comparable sales. All the sales were made for a price substantially less than the $5.00 per square foot used by Williams in making his appraisal. However, some of the comparable sales were old, and the locations of the comparable property were not nearly so favorable. As noted by the trial court, he relied in making his award primarily upon the extremely favorable and, therefore, valuable location of the property expropriated. No other locations were nearly so favorable, and some of the sales were much more remote in time. The basic disagreement between the appraisers for the state and the defendant results from their use of different sales in arriving at the most appropriate percentage of increase in value to be applied to the subject property to reflect most accurately its value at the time of the taking. We [1177]*1177cannot say that the reasons for the selection of the various comparables given by each appraiser are unreasonable or unworthy of consideration. While it is true, as the state argues, that Mr. Russell’s conclusion as to percentage of increase in value was based on a consideration of a much larger number of land sales in the area than was that of Mr. Williams, we believe that his method included numerous parcels of land that were not truly comparable to the subject property. Mr. Williams, on the other hand, limited his consideration to a much smaller number of sales, but in being more selective was able to use sales of more nearly comparable parcels of land in determining what he considered to be the most appropriate percentage of increase. The state’s appraisers’ percentage adjustment of 4% to 5% per annum increase in value as a projection in adjusting older sales to 1976 market value does not appear to be as realistic as the l!/2% per month compounded monthly percentage testified to by Mr. Williams, the appraiser for defendant, in light of the prevailing economic conditions.

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Bluebook (online)
405 So. 2d 1174, 1981 La. App. LEXIS 5240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-department-of-highways-v-roland-j-robert-distributor-inc-lactapp-1981.