State v. Barrilleaux

139 So. 2d 242
CourtLouisiana Court of Appeal
DecidedMarch 14, 1962
Docket5505
StatusPublished
Cited by11 cases

This text of 139 So. 2d 242 (State v. Barrilleaux) 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 v. Barrilleaux, 139 So. 2d 242 (La. Ct. App. 1962).

Opinion

139 So.2d 242 (1962)

STATE of Louisiana, through the DEPARTMENT OF HIGHWAYS, Appellant,
v.
Almeda BARRILLEAUX et al., Appellees.

No. 5505.

Court of Appeal of Louisiana, First Circuit.

March 14, 1962.

D. Ross Banister and Jesse Moore, Jr., Baton Rouge, for appellant.

Robert D. Morvant, Thibodaux, for appellees.

Before ELLIS, HERGET and MILLER, JJ.

HERGET, Judge.

On June 20, 1958 the State of Louisiana, through the Department of Highways instituted this action seeking the expropriation of three tracts or certain parcels of land in the Parish of Lafourche consisting of portions of Lots 6 and 7 of Block 17; portions of Lots 6 and 7 of Block 18 and portions of Lots 6 and 7 of Block 19, of the Barrilleaux Addition to the Town of Lockport, Louisiana, owned by the defendants Almeda Barrilleaux and Norine Barrilleaux Rome.

The order of expropriation was dated and signed June 20, 1958, the Department of Highways having deposited in the Registry of the Court the sum of $3,952 as just compensation for the property taken. Prior to the trial of the suit on the merits, the Department of Highways amended its original petition on May 20, 1961, wherein its estimate of just compensation was amended by reducing the sum to the amount of $2,952. Following the trial of the case the Lower Court, on February 23, 1961, fixed a value of the property taken at $8,820; from which judgment the State of Louisiana, through the Department of Highways prosecutes this appeal.

Counsel for Defendants filed an answer to the appeal seeking an affirmance of the judgment.

The sole issue presented for our review is a resolution of the value of the land taken.

Learned counsel for the Department of Highways maintain in this Court that the Trial Court erred in predicating a determination of market value on a condition *243 and situation of the property taken that did not exist at the time of the expropriation and that the Court further erred in rendering an excessive judgment of market value not founded on any evidence introduced on the trial of the case.

The land expropriated herein is a portion of property owned by the Defendants located in Lockport, Lafourche Parish, Louisiana, near the center of the town and according to the survey contains twenty-nine blocks of ground, each block being divided into twelve lots and is known as the "Barrilleaux Subdivision". The Department of Highways has expropriated portions of Blocks 19, 18 and 17, which blocks are contiguous to Blocks 14, 15 and 16, respectively. The evidence reveals since the property was surveyed that it has been the custom of the Barrilleaux sisters to place the property on the market by opening up for sale lots in a row of three blocks before placing the remaining blocks of land on the market. At the date of this expropriation lots in Blocks 14, 15 and 16 adjoining the expropriated property had been placed on the market for sale and many of said lots had been disposed of. The sales of lots in Blocks 14, 15 and 16 were considered by the Plaintiff, the Defendants and the Lower Court to be excellent comparables in estimating the value of the land expropriated. The value of the comparable lots was shown to have been $1,800 per lot. The basis for the differences in view as to the value of the property expropriated lies in the contention of Appellant that the land expropriated being only pasture land, not having been subdivided and provided with sewerage facilities, streets and electricity is not comparable in value to that of the land of Defendants which has previously been subdivided and developed and that the value of raw land in the condition of the Defendants' property expropriated is one-third the value of their developed property since a subdivider would be required to expend two-thirds the value to develop the property and place it on the market so as to obtain the $1,800 comparable value, it being their contention the market value of the land expropriated in the instant case is what a prospective purchaser for subdivision purposes would have been willing to pay for the property relying on the cases of State v. Hedwig, Inc., La.App., 133 So.2d 180; Parish of Iberia v. Cook, 238 La. 697, 116 So.2d 491.

The views expressed in the cited cases are inapposite to the factual situation in the instant case for the reason the evidence affirmatively shows that the Barrilleaux sisters with the location of their property in the center of the Town of Lockport were in a position to place additional blocks of the subdivision on the market by the minimal expenditure of the cost of culverts installed. Thus, the value of the lots in that portion of the subdivision unopened was comparable to the value of the lots in the subdivision already marketed. Under such factual showing the value of the land expropriated is not to be categorized as raw pasture undeveloped land having a value for subdivision purposes only, but the market value must be computed upon the value of the land, less the cost of development to the Barrilleaux sisters which cost is affirmatively shown to be nil.

Honorable J. Louis Watkins, the trial judge concluded the property expropriated had a comparable value to that of the comparables used, assigning therefor written reasons in which we are in complete accord and which we adopt in part as our own, as follows:

"The chief witness for the State was J. Louis Blouin, a resident of Houma in Terrebonne Parish, who testified to his attendance at a number of seminars at qualified institutions teaching the art of appraisal, to membership in a number of professional societies and to a broad background of experience of 15 years as a realtor, all of which demonstrate that he is thoroughly trained in the theory and technique of appraisal and eminently qualified as an expert. However, it is noted that his only experience in the area of the subject *244 property has been this one appraisal made in this case.

"The witness explained (Tr. 7) that `I confined my estimate to value wholly on the market data approach', which `means that you estimate the most recent sales available of the most comparable properties to the property under appraisal to find the price at which these particular properties sold', * * * `then relate that to the subject property and estimate the market for the particular property under appraisement as to the date you make it'. He stated (Tr. 7) that `other recognized and accepted approaches such as income and replacement were just not applicable in this particular instance'.

"For the purpose of orientation and to facilitate a better understanding of the relationship of the comparables to the property expropriated, we make the following general observation:— The six lots expropriated comprise the six southernmost lots of Blocks No. 17, 18 and 19 of the Barrilleaux Addition, which blocks are bounded on the north by Sixth Street, which is the street separating Blocks No. 17, 18 and 19 from Blocks No. 14, 15 and 16, where most of the comparables are located.

"This expropriation took place on June 20, 1958. The witness then proceeded to refer to the sales of a number of comparables as follows:

"(1) On January 18, 1956 Lots 5 and 6 in Block 14 sold for a price of $3,300.00. It is noted that the witness assumed the value of each lot to be $1,650. The witness noted that one of the lots was a corner lot but that in his view there was no difference in value between a corner lot and an inside lot in a residential area.

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Related

State, Dept. of Highways v. Terrace Land Co., Inc.
298 So. 2d 859 (Supreme Court of Louisiana, 1974)
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State Highway Commission v. Lee
485 P.2d 310 (Supreme Court of Kansas, 1971)
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205 So. 2d 613 (Louisiana Court of Appeal, 1967)
State ex rel. Department of Highways v. Potter
204 So. 2d 308 (Louisiana Court of Appeal, 1967)
State ex rel. Department of Highways v. Busch
188 So. 2d 495 (Louisiana Court of Appeal, 1966)
Lake Charles Harbor & Terminal Dist. v. Prestridge
182 So. 2d 334 (Louisiana Court of Appeal, 1966)
State, Department of Highways v. Cobb
169 So. 2d 419 (Louisiana Court of Appeal, 1964)
State ex rel. Department of Highways v. Riley
143 So. 2d 396 (Louisiana Court of Appeal, 1962)
State ex rel. Department of Highways v. Whitaker
143 So. 2d 408 (Louisiana Court of Appeal, 1962)

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Bluebook (online)
139 So. 2d 242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-barrilleaux-lactapp-1962.