State ex rel. Department of Highways v. Schexnaidre

247 So. 2d 670, 1971 La. App. LEXIS 5965
CourtLouisiana Court of Appeal
DecidedApril 27, 1971
DocketNo. 11615
StatusPublished
Cited by4 cases

This text of 247 So. 2d 670 (State ex rel. Department of Highways v. Schexnaidre) 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. Schexnaidre, 247 So. 2d 670, 1971 La. App. LEXIS 5965 (La. Ct. App. 1971).

Opinion

AYRES, Judge.

In this expropriation proceeding, the issue is one relating to the damages sustained by that portion of defendants’ property remaining after the taking. The value of the land taken was stipulated to be $2,000 and the value of the improvements taken was admitted to be $480. These amounts, together with the sum of $6,000, representing severance damages, were deposited in the registry of the court upon the institution of this proceeding. After trial, the award for severance damages was increased from $6,000 to $10,000 and, from the judgment thus rendered and signed, defendants appealed and prayed for an increase in the award.

The taking of defendants’ property was occasioned by the construction of a north- and-south expressway in the City of Monroe so as to join North Fifth Street with Louisville Avenue, the latter a main thoroughfare and a segment of U. S. Highway 80 as it traverses the city.

Prior to the taking, defendants’ property consisted of an inside lot with a width of 100 feet fronting north on Louisville Avenue and extending between parallel lines in a southerly direction for a distance of approximately 76 feet to an alley. On the lot was a commercial building of the dimensions of approximately 60 x 100 feet. This building was set back from Louisville Avenue a distance of approximately 16 feet, 2½ feet of which comprised a concrete sidewalk extending across the lot adjacent to and in front of the building. This walkway was approximately eight inches higher than the remainder of the area which was used for parking.

The area taken by the State in full ownership comprised 562.69 square feet, triangular in shape, extending from the east boundary line of defendants’ property westerly along the south right-of-way line of Louisville Avenue a distance of 87.01 feet. The base of this triangle, 13.58 feet, extended along the east boundary line of defendants’ property.

The issue presented for resolution concerns primarily the question of the effect of the elimination of the area which afforded parking space for approximately 10 cars in front of defendants’ property as such relates to the value of the remaining property.

[672]*672A small portion of the eastern end of the commercial building located on the lot was segregated from the remainder by a partition. This area was leased to a sewing machine concern for a rental of $125 per month. The lease expired in April, 1968, approximately two months before the expropriation of defendants’ property. The remainder of the building was leased to the operator of a cocktail lounge for a monthly rental of $400. This lease expired June 30, 1969, or approximately a year following the expropriation.

As originally constructed, the building extended to the south right-of-way line of Louisville Avenue. That was prior to the location of U. S. Highway 80 along that avenue. On-street parking was the only parking available for the building. Subsequently, however, the building was cut back at the front and the aforementioned off-street parking was provided. By appropriate marking, the area provided for the perpendicular parking of 10 vehicles. However, the space of approximately 13½ feet in width was insufficient. Cars parked thereon extended over the boundary and into the right of way of the street. This was the situation as it prevailed at the time of the institution of this proceeding.

Upon the expiration of the lease of the sewing machine company, defendants were unable to negotiate an additional lease with that organization. However, that tenant remained in possession of the portion of the property leased to it until early 1969 on a month-to-month rental basis. That tenant contended it could not conduct its .business without off-street parking and eventually vacated the premises. When the lease for the cocktail lounge expired, that tenant refused to execute another written lease, but remained in possession on a month-to-month rental basis at a rate of $250 per month. When the sewing machine concern vacated the premises formerly leased by it, the space was taken over by the cocktail lounge without any increase in rent. Defendants have been unable to secure other tenants or to increase the rent.

By the construction of a high curb along the south side of Louisville Avenue, defendants were denied access to the frontage of their property not taken by the expropriation. Thus, defendants contend that, because of the taking of their storefront parking area, their income from the property has been reduced from $525 to $250 per month.

Four expert witnesses testified on the trial of this cause. — two, W. Dean Carter and J. Wayne Medley, for the State, and E. A. Porter, Jr., and W. Gilbert Faulk for defendants. Various approaches were utilized by each of these witnesses in arriving at his estimates of value of the property before and after the taking. These included approaches with respect to cost, income, and market value.

Carter estimated that prior to the taking defendants’ property had a value of $51,-000, $23,000 for the land itself and $28,000 for the improvements. His estimate was that the property, after the taking, had a value of $43,000. Carter’s after-taking value was based solely on “cost-to-cure.” He started with an estimate of $6,000 as being a reasonable cost of purchasing additional property to replace the lost parking area and worked backward from there in arriving at the value of the remaining property.

In evaluations predicated upon an income basis, Medley estimated defendants’ damage at $7,340. This estimate is predicated upon a reduction or loss in rent of $75 per month. The loss, however, was shown to have been $275 per month through a reduction of the rent of the cocktail lounge from $400 to $250 per month and the total loss of the $125 per month for the space formerly occupied by the sewing machine concern inasmuch as defendants were unable to subsequently rent it. However long this failure to rent the property may continue would be a matter of conjecture.

Porter estimated that the lands and buildings prior to the taking had a total [673]*673value of $46,875, $30,375 for the land and $16,500 for the buildings. His estimates of the valuation after the taking were $28,125 for the land and $626.27 for the buildings, or a total of $28,751.27. Thus, taking into account the $2,000 value of the land taken, he fixed the damages or reduction in value of the remaining property at $19,634.50, an average of the results of his estimates from his various approaches.

Faulk was of the opinion that due to a complete loss of frontage access to the property, as well as a loss of off-street parking facilities, leaving access to the property by way of the rear alley only, the property had sustained damages in the sum of $24,840.

In commenting upon the testimony of these several witnesses respecting their appraisals, the trial court pointed out that the loss of 10 parking spaces in front of defendants’ buildings would unquestionably cause some decrease in the value of the remaining property, for no doubt any prospective purchaser would be concerned about off-street parking and would necessarily take into consideration the cost to either remodel the building so as to provide off-street parking or to purchase other property suitable for that purpose. It was reasonable to assume that a reduction in rent would follow because of the loss of parking space.

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Related

State ex rel. Department of Highways v. Hoyt
357 So. 2d 1189 (Louisiana Court of Appeal, 1978)
State, Department of Highways v. Strickland
290 So. 2d 714 (Louisiana Court of Appeal, 1974)
State ex rel. Department of Highways v. Carso
261 So. 2d 682 (Louisiana Court of Appeal, 1972)
State Ex Rel. Department of Highways v. Bagwell
255 So. 2d 852 (Louisiana Court of Appeal, 1972)

Cite This Page — Counsel Stack

Bluebook (online)
247 So. 2d 670, 1971 La. App. LEXIS 5965, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-department-of-highways-v-schexnaidre-lactapp-1971.