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Williams v. City Baton Rouge4/30/1998
of comparable property sold in the vicinity of plaintiffs' property and determined each tract of land, including that owned by the Gages, had a fair market value of $28,000.00 per acre on January 5, 1984, prior to the damage by the City/Parish. Mr. Russell calculated the fair market value of the 10-acre Gage property was $280,000.00. Mr. Russell stated the highest and best use for this 10 acre tract would be as a detached, single family residential subdivision, and he described a development cost analysis based on the amount a reasonable developer would have paid for the property before the DPW excavation project. Mr. Russell explained that if a reasonable developer purchased the Gage tract for $240,000.00, he would not make a profit; a reasonable developer could afford to develop the property only if he could acquire the Gage tract for a price between $240,000.00 and $125,000.00. The difference in the value of the tract before and after the harm by the City/Parish, according to Mr. Russell, was between $40,000.00 and $155,000.00. The trial court's award of $56,000.00 to the Gage family plaintiffs for the property damage to their tract of land is clearly within this range and, therefore, is not erroneous.
The Gage family relies on Day v. Warren, 524 So.2d 1383, 1387 (La. App. 1st Cir. 1988), to support their assertion that they are entitled to the fair market value of the entirety of its property. In Day, this court explained that the proper measure of damages where land has been rendered useless includes the right of the owner to recover the market value of the land when the cost of restoration exceeds the value of the land. Id. There is no evidence indicating the Gage tract of land was rendered useless by the DPW excavation project. Thus, the Gage family's reliance on Day is misplaced.
We note that plaintiffs put forth testimony by Mr. Boudreaux suggesting the amount it would cost to restore the Gages' property. However, Mr. Boudreaux admitted that the plan upon which he had based those costs actually resulted in an enhanced value to the property. Finding that the award to the Gage family for property damage is not inadequate, we find no abuse of discretion in the property damage award to the Gage family. Accordingly, we affirm the award of $56,000.00.
b. Williams family
The trial court awarded $74,000.00 to the Williams family plaintiffs for the property damage to their tract of land. As was the case with the Gage family plaintiffs, on appeal, the Williams family asks that this court award them the market value of the entire tract prior to the damage by the City/Parish. Alternatively, they request that we affirm the trial court's property damage award.
Mr. Boudreaux determined the costs to restore the Williams tract to its former condition, but the plan formulated by him, like the one for the Gage property, resulted in an enhancement to the value of the property. Mr. Boudreaux testified that the cost to restore the Williams property would be $234,020.00. At $28,000.00 per acre, the fair market value of the Williams property before the DPW excavation project was $146,000.00, an amount significantly less than the costs involved in restoring the Williams land. Thus, the trial court was correct in rejecting valuation of the property on the basis of costs of restoration.
The only evidence regarding the before and after method of valuation of the Williams property was presented by Mr. Russell. He testified that, like the Gage property, the highest and best use for the Williams property would be to develop it into detached, single-family residences. However, Mr. Russell conceded that for the Williams property to be subdivided successfully, the
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