State ex rel. Department of Highways v. Shackelford

331 So. 2d 884, 1976 La. App. LEXIS 3706
CourtLouisiana Court of Appeal
DecidedApril 19, 1976
DocketNo. 12893
StatusPublished
Cited by4 cases

This text of 331 So. 2d 884 (State ex rel. Department of Highways v. Shackelford) 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. Shackelford, 331 So. 2d 884, 1976 La. App. LEXIS 3706 (La. Ct. App. 1976).

Opinion

HALL, Judge.

In this expropriation proceeding arising out of the widening and improving of Highway 4 near Jonesboro, the State of Louisiana, Department of Highways, appeals from a judgment of the district court awarding the defendant landowner a total of $29,543.70 as just compensation for the taking of strips of land off the front of three separate parcels of land owned by defendant.

On appeal, plaintiff specifies the trial court erred (1) in its computation of the amount of land taken; (2) in the value it placed on the land taken; (3) in allowing compensation for trees and shrubs as a separate item apart from the land taken; (4) in allowing severance damages in connection with two of the parcels of land; and (5) in awarding excessive expert witness fees for defendant’s appraisers and in awarding any expert witness fee for defendant’s photographer.

Amount of Land Taken

The three strips of land expropriated are variously described as being all that portion of defendant’s property lying within approximately 50 to 60 feet to the northerly side of the center line of existing Highway 4, “exclusive of the existing right-of-way- of Route La. 4.” The Highway Department surveyor attempted to establish the right-of-way line generally along the outer edge of a ditch adjacent to the highway. Defendant contends the Highway Department right-of-way extends only to the edge of the existing pavement and the trial court so held. There is no deed or right-of-way in favor of the Highway Department of record.

The Highway Department’s pleadings, in effect, allege and concede defendant’s title to the property north of the center line of the highway, exclusive of the right-of-way itself. The Department seeks to expropriate full ownership of defendant’s property. The Department has not established any ownership or rights over defendant’s property beyond the existing pavement which would preclude recovery by defendant of just compensation therefor. The trial court correctly calculated the amount of land taken as being that portion of defendant’s land lying between the edge of the pavement and the outer limits of the required new right-of-way. See State, Department of Highways v. United Pentecostal Church of Hodge, 313 So.2d 886 (La.App.2d Cir. 1975) writ denied 318 So.2d 60; and State, Department of Highways v. Whitman, 313 So.2d 918 (La.App.2d Cir. 1975) writ denied 319 So.2d 443.

Value of Land Taken

Parcel No. 8-4

Parcel No. 8-4 expropriated by the Department is a strip of land between 63 and 83 feet in depth and fronting 368 feet on Highway 4, containing 21,173 square feet. It is part of a 10-acre tract owned by defendant on which is located a residence, carpentry shop, covered minnow tank, concrete slab and pump island, and driveways. [887]*887A bait stand and service station was formerly operated on the property but was not in operation at the time of the taking.

The parcel is located on the north side of Highway 4 about 2 or 3 miles southwest of Jonesboro. The area is rural, with numerous residences and several commercial establishments located along the highway.

All of the appraisers used the market data approach to value, relying on so-called comparable sales. The appraisers found no recent sales along Highway 4 in this vicinity. Sales of commercial property relied on were mostly in or near downtown Jones-boro. Sales of residential property relied on were mostly in a subdivision a considerable distance off the highway. All appraisers conceded the so-called compara-bles were not very comparable and made substantial adjustments in an effort to establish the value of the subject property. The trial judge noted, and we agree, that the comparables were of little assistance.

The State’s appraisers, Maurice J. Chap-puis and Gene N. Cope, valued the land at $.05-$.06 per square foot, based on a valuation of $2,400-$2,500 per acre. They found the highest and best use of the property to be either residential or commercial. Both were of the opinion there was no difference in market value between residential use and commercial use in this rural area.

The defendant’s appraisers, H. L. Bass, O. L. Jordan and John Walker, based their evaluations on a highest and best use of one-half as commercial and one-half as residential. All valued the residential half at $.25 per square foot, and the commercial half at $.60, $.50 and $.60 per square foot respectively.

The trial judge accepted the highest and best use as being residential for half and commercial for half and fixed the values at $.20 and $.40 per square foot, or a total award for land taken of $6,351.90.

The evidence does not support a finding of a significant or substantial difference in value between residential and commercial property in this rural area. Lack of recent commercial development or sales, and the fact there are only 6-10 commercial establishments along an approximate 8-mile stretch of Highway 4, weigh against a significantly higher desirability or value of property for commercial purposes.

We affirm the $.20 per square foot value fixed by the trial court for the residential portion of this property and find that $.25 per square foot adequately reflects the small additional value of the commercial portion, or an average value for this parcel of $.22.5 per square foot. The amount awarded for the value of the land taken will be reduced to $4,763.93.

It is to be noted that the value fixed is consistent with the values fixed in State, Department of Highways v. Coblentz, 322 So.2d 276 (La.App.2d Cir. 1975) and State, Department of Highways v. Hammons, 322 So.2d 279 (La.App.2d Cir. 1975), in which three tracts along Highway 4 were valued at $.20, $.25 and $.30 per square foot respectively.

Parcel No. 9-7

Parcel No. 9-7 is a strip of land between 41 and 47 feet in depth and fronting 249.3 feet on Highway 4, containing 9,498 square feet. It is a part of a 1.43-acre tract owned by defendant, on which is located a single-family residence, a metal garage building, and a mobile home. This parcel is located within a mile of Parcel No. 8-4, discussed above, and the general characteristics of the area are the same. The State’s appraisers classified the property as residential or commercial and defendant’s appraisers classified it as residential.

The State’s appraisers valued the land taken at $.05-$.06 per square foot. The defendant’s appraisers valued it at $.25 per square foot. The district court fixed the value at $.20 per square foot. The evi[888]*888dence supports the decision of the trial judge.

Parcel No. 10-2

Parcel No. 10-2 is a strip approximately 54 feet in depth fronting 446 feet on Highway 4, with a flare at the eastern end for sight clearance fronting 171 feet on a secondary parish road, containing 21,010 square feet. It is a part of an irregularly shaped tract containing .879 acres, situated at the corner of Highway 4 and the Dave Duck Road and in the same general area as the two parcels discussed above. At the time of the taking there were no improvements on the tract, which was planted in pine trees. The State’s appraisers classified the highest and best use of the property as commercial or residential and two of defendant’s appraisers classified it as commercial. Defendant’s other appraiser classified it as partly commercial and partly residential.

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Related

Alexander v. STATE DEPT. OF HIGHWAYS
342 So. 2d 1201 (Louisiana Court of Appeal, 1977)
State ex rel. Department of Highways v. Johnson
341 So. 2d 12 (Louisiana Court of Appeal, 1976)
STATE THROUGH DEPT. OF HIGHWAYS v. Allen
332 So. 2d 922 (Louisiana Court of Appeal, 1976)

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Bluebook (online)
331 So. 2d 884, 1976 La. App. LEXIS 3706, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-department-of-highways-v-shackelford-lactapp-1976.