State ex rel. Department of Highways v. Sotile

309 So. 2d 873, 1974 La. App. LEXIS 3954
CourtLouisiana Court of Appeal
DecidedDecember 16, 1974
DocketNo. 10073
StatusPublished
Cited by3 cases

This text of 309 So. 2d 873 (State ex rel. Department of Highways v. Sotile) 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. Sotile, 309 So. 2d 873, 1974 La. App. LEXIS 3954 (La. Ct. App. 1974).

Opinions

BAILES, Judge Pro Tem.

This is an expropriation proceeding in which the State of Louisiana, through the Department of Highways, has appealed that portion of the trial court’s judgment awarding the defendant landowner, Frank Sotile, severance damages to a portion of his property remaining after the taking. The landowner answered the appeal, asking for an increase in the award of adequate and just compensation for the expropriated property. Plaintiff instituted this suit on March 11, 1969 and expropriated .859 acre from appellee Frank Sotile. This property was required for the construction of a two-lane service road along the perimeter of a proposed interchange for the Donaldsonville-Sunshine Bridge Highway. Plaintiff deposited the sum of $1,718 into the registry of the court as its estimate of just compensation for the taking. Appellee withdrew this sum without prejudicing his rights to contest the amount deposited in accordance with existing statutory provisions.

[874]*874Appellee’s answer claims his remaining property sustained severance damages totaling $62,400, $25,000 for loss of culverts, roads and drainage facilities, and $50,000 for disruption of his farm operation, damage to crops and drainage.

The trial court awarded appellee severance damages of $45,000, crop damages totaling $1,550, for a total award of $46,550, less the sum of $1,718 deposited by plaintiff for the .859 acre taken. The trial court rejected the demands of appellee for an increase in the compensation for the actual land expropriated, since his pleadings did not ask for an increase in compensation for the value of the land expropriated, and proper objection had been made by the plaintiff to any testimony tending to enlarge the pleadings on the issue of the value of the .859 acre tract expropriated.

At the time of the institution of this suit, Mr. Sotile was the owner of 76 acres of land lying north of the west bound lanes of travel of the four-lane Donaldsonville-Sunshine Bridge Highway. This 76 acre tract of land contained approximately 600 feet of direct access frontage to this highway.

Prior to the construction of the Donald-sonville-Sunshine Bridge Highway, appel-lee was the owner of a tract of land containing approximately 120 acres near Don-aldsonville, Louisiana, running from the Mississippi River to a point south of the Illinois Central Railroad right of way. On June 21, 1968, Mr. Sotile conveyed to the plaintiff a portion of this tract of land needed for the construction of a four-lane highway and accompanying interchange in connection with the Department’s Donald-sonville-Sunshine Bridge Highway project.

The sales agreement contained the following special provision:

“It is agreed and understood that access to the highway from the adjoining remaining property will be allowed at all times, subject only to approval and permission granted by the Permit Engineer of the Department of Highways.”

A short time after the conveyance by Mr. Sotile, the Department of Highways changed its plans with reference to this project and determined a need to construct a frontage or service road paralleling the west bound lanes of the Donaldsonville-Sunshine Bridge Highway, necessitating the expropriation of a strip of land approximately 60 feet in width along the entire 600 feet of defendant’s frontage. As a result of this expropriation, Mr. Sotile now has comparable frontage on a two-lane service road, but no direct access to or frontage on the main highway. Based upon the testimony of the landowner’s experts, Mr. Kermit Williams and Mr. Calvin Casteigne, the trial court determined that the expropriation changed the market character of defendant’s property from its previous highest and best use of commercial to a market character of industrial or residential.

The plaintiff’s appraiser, Mr. Chester Driggers, testified that the highest and best use of Mr. Sotile’s 76 acre tract of land fronting on the highway prior to the expropriation was for industrial purposes or residential development, and after the taking, the two-lane service road was equally desirable or superior to the original access available to this tract of land. In summary, Mr. Driggers testified that as a result of the taking, there was no effect on the highest and best use of Mr. Sotile’s property.

Mr. Kermit Williams and Mr. Calvin Casteigne, the defendant’s appraisers were of the opinion that the highest and best use of the front Si/2 to 7 acres of Mr. Sotile’s property prior to the taking was for commercial or shopping center type development. Both of these witnesses were of the opinion that as a result of the taking and proposed construction for the two-lane service road, Mr. Sotile’s property no longer had direct access to the Donaldsonville-[875]*875Sunshine Bridge Highway, and with the removal of direct access to this highway, the property was no longer suitable for commercial or shopping center type development. They testified that after the taking, the highest and best use of the property was industrial or residential.

The trial court in written reasons for judgment rejected the testimony of Mr. Driggers as to the highest and best use of the property prior to the taking, and accepted the testimony of Mr. Williams and Mr. Casteigne. The trial court stated that this property was strategically located between the City of Donaldsonville and the Sunshine Bridge. In the area east of the property, there existed the Donaldsonville Country Club, a subdivision, a trailer park, and several commercial establishments and was located near the interchange with the highway to Assumption Parish, and was virtually the only tract of land between the Sunshine Bridge and the City of Donald-sonville which was both suitable and available for commerical development. All property on the east between the subject property and the bridge is located in an industrial district created by the Ascension Parish Police Jury in which commercial development is not permitted, and the property lying to the west between Mr. Sotile’s property and the City of Donaldsonville consists of large sugar cane plantations whose owners have traditionally refused to subdivide or sell off portions of their plantations for commercial development.

The trial court accepted the testimony of Mr. Kermit Williams and Mr. Calvin Cas-teigne that Mr. Sotile’s property sustained severance damages since its market character had been changed from commercial to industrial or residential after the taking. The plaintiff assigns as the sole error the award of severance damages by the trial court. The Department contends that the trial court erred by accepting the opinions of Mr. Williams and Mr. Casteigne without having the benefit of one comparable sale from these experts to support their opinions that the commercial character of Mr. Sotile’s tract was effectively destroyed by the construction of a two-lane road taking away the direct access to the Donald-sonville-Sunshine Bridge Highway formerly enjoyed by subject property.

We think applicable to the instant situation is the rule announced by the Supreme Court in State, Department of Highways v. Garrick, 260 La. 340, 256 So. 111 (1972), as follows:

“Whether in a particular case damages shall be awarded after an expropriation depends on whether the property was actually damaged by the public work. The resolution of this question depends usually not on some sophisticated definition of ‘severance damages,’ but upon the quality of the proof in the case. In the cases before us the proof is opinion evidence by the appraisers.

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Related

Red River Realty, Inc. v. Relmm Corp.
372 So. 2d 792 (Louisiana Court of Appeal, 1979)
State ex rel. Department of Highways v. Finkelstein
340 So. 2d 1040 (Louisiana Court of Appeal, 1976)
Southwest Louisiana Electric Mem. Corp. v. Huval
317 So. 2d 264 (Louisiana Court of Appeal, 1975)

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Bluebook (online)
309 So. 2d 873, 1974 La. App. LEXIS 3954, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-department-of-highways-v-sotile-lactapp-1974.