State ex rel. Department of Highways v. Woodward

Louisiana Court of Appeal

State ex rel. Department of Highways v. Woodward

157 So. 2d 597, 1963 La. App. LEXIS 2015

CourtLouisiana Court of Appeal

DecidedNovember 1, 1963

DocketNo. 10012

StatusPublished

This text of 157 So. 2d 597 (State ex rel. Department of Highways v. Woodward) 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. Woodward, 157 So. 2d 597, 1963 La. App. LEXIS 2015 (La. Ct. App. 1963).

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Opinion

HARDY, Judge.

This is an expropriation suit in which the plaintiff made total deposits of $1,950.00 for the taking of a tract of land of slightly less than one and one-half acres in connection with the construction of Interstate Highway 1-20. Defendant claimed an increase in value to the sum of $5,250.00. After trial there was judgment in favor of defendant in the sum of $3,487.50, from which he has appealed. Plaintiff has answered the appeal, praying for a reduction to the sum of $1,950.00.

The opinion of the trial court clearly analyzed the testimony of all the witnesses and concluded by averaging the front foot values, testified by experts for both parties at from $32.50 to $35.00, at $33.75. In addition to this value, on a frontage of 90 feet amounting to $3,037.50, the court allowed the sum of $450.00 representing the balance of a sign rental on the property for the unexpired period of the lease therefor.

We find the total value of $3,487.50, less the amounts heretofore deposited by plaintiff, to be correct, and, accordingly, the judgment appealed from is affirmed at appellant’s cost.

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HARDY, Judge.

This is an expropriation suit in which the plaintiff made total deposits of $1,950.00 for the taking of a tract of land of slightly less than one and one-half acres in connection with the construction of Interstate Highway 1-20. Defendant claimed an increase in value to the sum of $5,250.00. After trial there was judgment in favor of defendant in the sum of $3,487.50, from which he has appealed. Plaintiff has answered the appeal, praying for a reduction to the sum of $1,950.00.

The opinion of the trial court clearly analyzed the testimony of all the witnesses and concluded by averaging the front foot values, testified by experts for both parties at from $32.50 to $35.00, at $33.75. In addition to this value, on a frontage of 90 feet amounting to $3,037.50, the court allowed the sum of $450.00 representing the balance of a sign rental on the property for the unexpired period of the lease therefor.

We find the total value of $3,487.50, less the amounts heretofore deposited by plaintiff, to be correct, and, accordingly, the judgment appealed from is affirmed at appellant’s cost.

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Bluebook (online)

157 So. 2d 597, 1963 La. App. LEXIS 2015, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-department-of-highways-v-woodward-lactapp-1963.