Transcontinental Gas Pipe Line Corp. v. Terrell

416 So. 2d 571, 1982 La. App. LEXIS 7429
CourtLouisiana Court of Appeal
DecidedMay 25, 1982
Docket14839
StatusPublished
Cited by3 cases

This text of 416 So. 2d 571 (Transcontinental Gas Pipe Line Corp. v. Terrell) 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
Transcontinental Gas Pipe Line Corp. v. Terrell, 416 So. 2d 571, 1982 La. App. LEXIS 7429 (La. Ct. App. 1982).

Opinion

416 So.2d 571 (1982)

TRANSCONTINENTAL GAS PIPE LINE CORPORATION
v.
James F. TERRELL, Jr., et al.

No. 14839.

Court of Appeal of Louisiana, First Circuit.

May 25, 1982.
Rehearing Denied July 13, 1982.

*572 R. Gordon Kean, Jr., Baton Rouge, and C. McVea Oliver, Monroe, for plaintiff-appellant Transcontinental Gas Pipe Line Corp.

J. Glenn Dupree, and Robert W. Scheffy, Jr., Baton Rouge, for defendants-appellees James F. Terrell, Jr., Ida Louise Miller Terrell, Alex Theriot, Jr., Loretta Durand Theriot, Gerald J. LeGleu, Constance Kleinpeter LeGleu, George H. Lambert, Mary Francis Lowe Lambert, Herschel C. Adcock and Frances Swayze Adcock.

*573 Before LEAR, CARTER and LANIER, JJ.

LANIER, Judge.

Transcontinental Gas Pipe Line Corporation (hereinafter referred to as Transco) instituted this suit to expropriate a servitude for a 12.75 inch high pressure gas pipeline across property owned by the defendants, James F. Terrell, Jr., Ida Louise Miller Terrell, Alex Theriot, Jr., Loretta Durand Theriot, Gerald J. LeGleu, Constance Kleinpeter LeGleu, George H. Lambert, Mary Francis Lowe Lambert, Herschel C. Adcock and Frances Swayze Adcock (hereinafter referred to as the Terrell group). In the first portion of a bifurcated trial, the trial judge ruled that Transco had the power to expropriate the servitude in question, that the pipeline project would serve a public and necessary purpose, and that the route selected for the servitude was proper. There has been no appeal from these rulings. At the second portion of the bifurcated trial, the issue of just compensation was litigated and the trial judge rendered judgments totaling $68,525.00 in favor of the Terrell group for the permanent servitude ($8,800.00), the temporary construction servitude ($925.00) and severance damages ($58,800.00). The trial court also awarded the Terrell group a $3,000.00 attorneys' fee and cast Transco for all costs, including the expert witness fees of the defendants' and the court's experts. Transco deposited the judgment award into the registry of the court and took this devolutive appeal asserting errors in the just compensation award.

The defendants are the owners of a tract of land containing approximately 600 acres located in Sections 61, 62 and 63, Township 4 South, Range 1 West in East Baton Rouge Parish, Louisiana. This property is bounded on the South by the Ligon Road and is bounded on the North by the Plains-Port Hudson Road (Louisiana Highway 3004). The Transco pipeline traverses the eastern side of the defendants' property from north to south over a distance of 2,353.7 feet. Plats of subdivision have been filed which establish a series of lots on the Ligon Road and some of these have been sold. Tentative plans have been made for establishing interior lots on the undeveloped portion of the property where the pipeline passes. Approximately 925 feet of the pipeline route traverses Lots 2-E and 2-F which front on Ligon Road and the balance of 1,428.7 feet crosses the interior undeveloped portion of the tract. Lots 2-E and 2-F each measure 253 feet front by approximately 1010 feet in depth and contain 5.87 acres. The permanent pipeline right-of-way is 30 feet wide. An additional 20 foot temporary construction servitude will be used on the west side of the permanent servitude.

I. VALUE OF SERVITUDES TAKEN

A. Value of Property. At the trial, testimony was received from four expert appraisers: two for the plaintiff (Chester A. Driggers and Julius A. Bahlinger, III), one for the defendants (Oren W. Russell), and one appointed by the court (Norbert F. Schexnayder, Jr.). All of the appraisers agreed that the lots on Ligon Road were more valuable per acre than the property situated in the interior of the tract and that the highest and best use for the entirety of this tract was future development into large lot single family residences. All of the appraisers further agreed that the market data approach using comparable sales was the proper method for determining true value and just compensation.

The per acre value assigned by the appraisers to Lots 2-E and 2-F on Ligon Road are as follows:

1.  Schexnayder   —$7,500.00 per acre
2.  Driggers      —$4,000.00 per acre
3.  Bahlinger     —$5,500.00 per acre
4.  Russell       —$7,500.00 per acre

The trial judge accepted the valuation of $7,500.00 per acre assigned by Schexnayder and Russell.

The valuations of the four appraisers for the property located in the interior of the tract are as follows:

*574
1. Schexnayder   —$4,500.00 per acre
   2.  Driggers  —$3,000.00 per acre
   3.  Bahlinger —$2,500.00 per acre
   4.  Russell   —$7,500.00 per acre

The trial judge accepted the valuation of $4,500.00 per acre assigned by Schexnayder.

Schexnayder's valuations were based on the escalation of property values in this area of East Baton Rouge Parish and 21 comparable sales. The record shows that the Schexnayder comparables were located in the general area of the property in question. Russell's appraisal supports Schexnayder for Lots 2-E and 2-F. Based on this evidence, the trial judge was not clearly wrong in these factual determinations. Arceneaux v. Domingue, 365 So.2d 1330 (La.1978).

The plaintiff argues that the opinions of Schexnayder should be rejected because he considered offers to purchase as well as actual sales in making his determination of fair market value. Offers to purchase, except offers by the expropriator, should not be considered in expropriation cases as evidence of fair market value because they are highly susceptible to fabrication. State v. McDuffie, 240 La. 378, 123 So.2d 93 (1960); Louisiana Gas Purchasing Corp. v. Sincox, 368 So.2d 816 (La.App. 2nd Cir. 1979); Central Louisiana Electric Company v. Gamburg, 200 So.2d 733 (La.App. 3rd Cir. 1967). Schexnayder's report shows that out of a total of 26 comparables considered that five were offers to sell rather than actual sales. Even if these offers are discounted, there are still 21 sales which were validly considered by Schexnayder in reaching his decision. Under these circumstances, since there is more than sufficient valid evidence of comparable sales upon which the opinion was based, any error involved is harmless and the trial judge could validly accept the opinion of Schexnayder.

Plaintiff complains that the trial court committed error by "Considering that property was a part of an established subdivision when the plan had been made six years ago but had not been filed, when there were no roads or utilities, when no lot had been sold, and when the developer testified that the plan was not final...." citing State, Dept. of Highways v. Terrace Land Co., Inc., 298 So.2d 859 (La.1974). Obviously, this refers to the valuation of the acreage on the interior of the tract. This claim is without merit. All four appraisers determined that this portion of the property had the highest and best use of future large acreage residential development. The defendants had a proposed plan for the development to the highest and best use as evidenced by Exhibit D-2. The appraisal was not made on a per lot basis but on an acreage basis. The lack of development of the interior portion of the tract caused it to be less valuable and that is why Schexnayder fixed a valuation of $4,500.00 per acre, an amount substantially lower than that assigned to the two front lots. Schexnayder's opinion was based on viable comparative sales of similar type properties and the ruling of the trial judge in accepting this opinion was not clearly wrong.

B.

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Bluebook (online)
416 So. 2d 571, 1982 La. App. LEXIS 7429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/transcontinental-gas-pipe-line-corp-v-terrell-lactapp-1982.