Home/Supreme Court of Louisiana/STATE OF LOUISIANA THROUGH DEPT. OF HWYS. v. Glassell

STATE OF LOUISIANA THROUGH DEPT. OF HWYS. v. Glassell

77 So. 2d 881, 226 La. 988, 1955 La. LEXIS 1197
CourtSupreme Court of Louisiana
DecidedJanuary 10, 1955
Docket41709
StatusPublished
Cited by37 cases

This text of 77 So. 2d 881 (STATE OF LOUISIANA THROUGH DEPT. OF HWYS. v. Glassell) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
STATE OF LOUISIANA THROUGH DEPT. OF HWYS. v. Glassell, 77 So. 2d 881, 226 La. 988, 1955 La. LEXIS 1197 (La. 1955).

Opinion

McCALEB, Justice.

This is an expropriation suit in which the State, through the Department of Highways, seeks rights-of-way across two parcels of land owned by the defendant for the relocation of U. S. Highway 71 between Dixie and- Gilliam, in Caddo Parish, together with the right to remove dirt from a borrow-pit area on one of the plantations and a servitude of passage between the borrow-pit and the highway right-of-way. The right of expropriation is not contested and there is also no controversy in respect of the value of the right-of-way comprising 1.456 acres off the east end of Lakeland Plantation, one of the two parcels involved, which the judge fixed at the sum of $364. However, the defendant claims in his answer that the value of the permanent servitude over the other parcel of land, Paw Paw Plantation, together with the borrow-pit, the temporary right-of-way thereto and also the consequential damages resulting to the plantation as a whole, amounts to-$61,574.25. A part of this sum includes a. claim of $9,000, allegedly the cost of erecting necessary gates and cattle guards and $14,180, the asserted cost of proposed construction of an underpass so that defendant’s cattle herds may be moved from one part of the plantation to the other without encountering the hazard of crossing a major state highway. These two items have-been eliminated from the controversy by the judgment of the trial court, which provides, that adequate fences and an underpass be constructed by the State at its own expense.

After a hearing on the issue of the value of the rights-of-way and the asserted consequential damages to Paw Paw Plantation,. *993 the judge awarded a total sum of $5,552.25. Defendant has appealed, requesting that the judgment be increased to $23,170.35. The State has answered the appeal and prays that the award be reduced to $2,644.50.

In order that the nature of the specific claims of the parties may be more readily visualized and understood, we reproduce a map of Paw Paw Plantation, which was offered in evidence by defendant, showing the proposed highway through the property, the borrow-pit and area adjacent thereto and also depicting separately the areas for which special damages are demanded.

Defendant complains first that the compensation of $1,961.25 awarded for the permanent right-of-way,' depicted in yellow on the map as Tract H, or the sum of $150 an acre for the 13.075 acres, is contrary to' law because the judge refused to consider the estimates of two professional real estate appraisers (Mr. Whitten and Mr. Stoer), who valued the land at $200 and $250 per acre respectively.

*995

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Bluebook (online)
77 So. 2d 881, 226 La. 988, 1955 La. LEXIS 1197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-louisiana-through-dept-of-hwys-v-glassell-la-1955.