State ex rel. Department of Highways v. Talley

239 So. 2d 664, 1970 La. App. LEXIS 4967
CourtLouisiana Court of Appeal
DecidedJune 30, 1970
DocketNo. 8038
StatusPublished

This text of 239 So. 2d 664 (State ex rel. Department of Highways v. Talley) 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. Talley, 239 So. 2d 664, 1970 La. App. LEXIS 4967 (La. Ct. App. 1970).

Opinion

ELLIS, Judge.

This is an expropriation case in which the State of Louisiana through the Department of Highways took a portion of a tract of land belonging to Ruth Gentry Talley, defendant herein. The order of expropriation was signed on January 11, 1965, the case was tried on its merits on October 23, 1967, and November 16, 1967. After trial on the merits, the court rendered judgment in which it found that the value of the land taken was $2700.00, that the severance damages suffered by the land amounted to $4400.00, and that the severance damages to the improvements on the property amounted to $5200.00, making a total of $12,300.00 for the property expropriated and the severance damages thereto. Credit was given in the judgment for amounts deposited in the registry of the court by the State. From that judgment, the State has taken a devolutive appeal. The defendant has answered the appealed judgment and has asked an increase in the award to $16,213.60. In her brief, however, defendant neither argues nor prays for an increase, asking only for af-firmance, so we assume the prayer of the answer has been abandoned. Gaines v. Crichton, 187 La. 345, 174 So. 666 (1937).

Prior to the taking, Miss Talley owned and resided on a piece of property in Bogalusa fronting 100 feet on the south side of Mississippi Street and having a depth of approximately 650 feet in a southerly direction from Mississippi Street, which ended at her east property line. On the east, Miss Talley was bounded by the property of the Bogalusa Country Club. In 1956, Miss Talley had constructed a one bedroom home to which, in 1960, she added a studio by enclosing a former car port, and a new car port. The residence contained 1740 square feet of floor space, and was of brick veneer construction. The materials and the workmanship incorporated therein were of exceptional quality. Miss Talley testified that she had expended in excess of $28,000.00 in the construction of the house and the addition. All of the [666]*666witnesses who examined the house testified that it was exceptionally well maintained.

The piece of property taken was roughly triangular in shape, the apex of the triangle situated on the easterly boundary of Miss Talley’s property, approximately 190 feet south of her northeast corner. At the rear, or southerly, end of Miss Talley’s property, the triangle had widened to such an extent that only 45 feet in width remained of her property. According to the Highway Department’s survey, the area taken totalled 16,185.5 square feet, leaving Miss Talley an area of 55,950 square feet in her lot. After the taking, Miss Talley’s house was approximately 12 feet from the westerly right of way line of Louisiana Highway 21, which at the point where it passes Miss Talley’s property, is a four lane concrete surface highway, intended as a by-pass for heavy traffic around the business section of Bogalusa.

Mississippi Street, in the general area in which Miss Talley lived, was an old, well settled and highly desirable residential section of Bogalusa. All of the appraisers who testified stated that there had been no sales of property in the immediate area sufficiently recent to serve as comparable sales.

In reaching their conclusion on the value of the property taken, both of the State’s experts relied on seven sales of property situated anywhere from eight blocks to 2/z of a mile from the subject property. These were located, for the most part, in well developed subdivisions on the outskirts of Bogalusa. The values which they ascertained in these areas on a square foot basis were adjusted upward because of the more desirable nature of the subject property. On the basis of these comparable sales, the appraisers reached a value of 200 per square foot for the front part of Miss Talley’s property, and 100 a square foot for the rear part, before the taking. Mr. Willet who first testified, awarded the 200 per square foot to a depth of 250 feet back from Mississippi Street. Mr. Breeding, the other expert, awarded the 200 for a depth of 300 feet from Mississippi Street. Mr. Willet felt that the value of the land taken was $1649.00, and Mr. Breeding gave it a value of $1718.00. Neither of the State’s experts were personally familiar with Bogalusa real estate.

Mr. Garrick and Mr. Stevenson who testified for Miss Talley were both local real estate agents. In neither case was their training in appraisal as impressive as that of the witnesses for the State. On the other hand, Mr. Garrick had been in the real estate business in Bogalusa for approximately 17 years, and Mr. Stevenson for three years. Neither of them felt that there were any comparable sales which they could use in determining the value of the subject property. Instead, they relied on their general knowledge of general real estate conditions in Bogalusa. Mr. Garrick felt that the value of the property as a whole was 16^0 a square foot. Mr. Stevenson felt that the property was worth $7000.00 an acre. On that basis, Mr. Garrick arrived at a value of $2700.00 for the part taken, and Mr. Stevenson at $2604.00. The trial judge selected Mr. Garrick’s testimony as the most reliable and awarded $2700.00 as the value of the property taken.

The State argues that the court committed manifest error in so doing. They question both the ability and credibility of the defense witnesses, and claim that since the State’s witnesses followed the comparable sales method which has been recognized by the courts of this State, the estimates of value placed on the property by the State’s experts should have been adopted by the trial court.

We recognize that the courts of Louisiana have said that comparative sales are the best evidence of market value. However, in this case, the trial court found that there were no reliable sales comparable to the subject property. In view of the desirable nature of the property taken, its unique situation prior to the taking, and [667]*667the distance between it and the comparable sales used by the State’s experts, we think his decision was correct. The opinions of defendant’s experts were based on their local knowledge and experience, and, under the foregoing circumstances, we cannot say that the trial judge was manifestly erroneous in adopting Mr. Garrick’s figure of $2700.00 as the fair market value of the property taken.

Mr. Garrick’s credibility is attacked by the State because his testimony the first time varied markedly from his subsequent testimony. His explanation that he was ill when he first testified was accepted by the trial court, and we find no error therein.

In arriving at severance damages, Mr. Willet figured the reproduction cost of the house as of the time of the taking at $11.00 a square foot, and with allowance for other improvements, put the reproduction cost of the house at $20,144.00. He depreciated the house 10%, leaving a value of $18,130.-00. He valued the entire property at $28,061.00. He found the depreciation in value of 5^ a square foot on the front 250 feet of the property, and a reduction in value of the improvements from $18,230.00 to $11,118.00. This gave him a total severance damage of $8,405.00 on the front 250 feet of the property. However, because he found that the rear 400 feet of the property now had highway frontage, he valued it at 15‡ a square foot instead of 10‡, giving a special benefit of $1504.00. He offset this against the $8405.00 decrease in value of the front portion, and arrived at net severance damages of $6901.00.

Mr.

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Related

Gaines v. Crichton
174 So. 666 (Supreme Court of Louisiana, 1937)

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Bluebook (online)
239 So. 2d 664, 1970 La. App. LEXIS 4967, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-department-of-highways-v-talley-lactapp-1970.