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Williams v. City Baton Rouge4/30/1998
the award to conform to the evidence.
We note first that Mr. Boudreaux's testimony established the cost of restoring the ditch in front of the Raby tract of land was $55,397.00, and while the record does not reflect the cost of restoring the ditch in the back of the Raby tract, on appeal, the Rabys do not seek restoration costs as the correct value of the property.
Mr. Russell testified to the same development cost analysis for the Raby tract as he set forth for the Williams property. By joining with a neighboring property, the Raby tract could be subdivided and sold as single-dwelling residences, which he concluded was the highest and best use for the land. Based on his calculations, a developer who would have paid $140,000.00 for the approximately five-acre tract of land with the ditches, could only afford to pay $100,000.00 for that same tract of land after the DPW excavation project. Thus, under this theory, Mr. Russell concluded the loss in value to the remainder of the Raby tract was $40,000.00.
It was not error for the trial court to award the fair market value of the land upon which the ditches were constructed plus a sum representing the damage to the remainder of the tract, which is the before/after value. However, we agree with defendants that by awarding both the before/after value and the cost of constructing a bridge, the court has awarded the Rabys double recovery. We will amend the award for the damage to the remainder of the tract to $40,000.00, the difference in the value before and after the harm. When added to the $10,037.00 award for the damage to the land upon which the ditches were constructed, the total property damage to the Rabys for their tract of land is $50,037.00.
We find no error in the trial court's use of different methods of valuation for the Williams family's and the Rabys' respective tracts of land. While the two tracts originally were similar in size, and the amount awarded to the Rabys for property damage to their tract is greater than the amount awarded for damages to the Williams' tract, we cannot say the trial court was clearly wrong or manifestly erroneous in these awards. Of the three tracts of land at the heart of this dispute, only the Raby tract had been utilized in a commercial manner. The trial court may have determined that only the Rabys would have actually commercially developed the land, and the evidence duly supports such a finding.
Accordingly, we amend the trial court's award of property damage to the Rabys for the damages their tract of land sustained to $50,037.00.
2. Raby parking lot
The trial court awarded Mr. and Mrs. John B. Raby, in community, the amount of $50,000.00 for damage to their parking lot. The only contention raised by defendants on appeal is their general defense that because the City/Parish was acting pursuant to its power of eminent domain, no damages are owed. However, the victims of trespass are entitled to be restored to their former position. Mr. Boudreaux testified that the cost to repair the broken concrete squares of the Raby parking lot was $51,860.00. The Rabys have answered this appeal and request that the award be amended to conform to the evidence. Because there was no evidence to the contrary, we agree with the Rabys and, accordingly, increase the award for property damage to their parking lot from $50,000.00 to $51,860.00.
3. Personal property
The trial court awarded $500.00 to Huston Williams and $150.00 to Leroy Williams for personal property damage. In their answer to this appeal, these plaintiffs request the awards be modified to conform to the evidence.
Huston Williams testified that about
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