Recreation P. Com'n, Par. of Baton Rouge v. Loret

4 Citing cases

  1. West Jeff. Levee v. Coast Cons.

    640 So. 2d 1258 (La. 1994)   Cited 59 times
    In West Jefferson Levee Dist., this court defined severance damages as damages due to the landowner for that portion of his property which was not expropriated on the basis of immediately before and immediately after the expropriation taking into consideration the effects of the completion of the project in the manner proposed or planned.

    1 Cir. 1974); City of Monroe v. Nastasi, 175 So.2d 681, 683 (La.App. 2 Cir. 1965); City of Monroe v. Carso, 179 So.2d 696, 697 (La.App. 2 Cir. 1965); Gulf States Utilities Co. v. Wright, 195 So.2d 663, 669 (La.App. 1 Cir. 1967); Recreation P. Com'n Par. of E. Baton Rouge v. Loret, 263 So.2d 467, 472 (La.App. 1 Cir. 1972); State, Dept. of Transp. Development v. Davis, 394 So.2d 641, 643 (La.App.

  2. State, Dotd v. Latiolais

    613 So. 2d 1009 (La. Ct. App. 1993)   Cited 6 times

    As noted in the jurisprudence, it is questionable whether there is any such thing as a precisely comparable sale. State, Department of Highways v. Brannon, supra. Furthermore, comparable sales generally have to be adjusted after considering the numerous factors that affect value. See, Recreation P. Com'n, Par. of E. Baton Rouge v. Loret, 263 So.2d 467 (La.App. 1st Cir. 1972). Likewise, since the State has not had an opportunity to differentiate the present case from the Lantier Oil settlement, we further find it appropriate to remand this matter to the trial court for the taking of additional evidence relative to this question, and the ultimate resolution of the question of just compensation due the Latiolaises.

  3. Erich Sternberg Realty v. Tax Com'n

    560 So. 2d 868 (La. Ct. App. 1990)   Cited 13 times
    In Erich Sternberg Realty v. Louisiana Tax Commission, 560 So.2d 868 (La.App. 1st Cir. 1990), writ denied, 567 So.2d 107 (1990), the assessor had valued the property by using the market approach.

    Generally, comparable sales have to be adjusted after considering the numerous factors that affect market value. In Recreation and Parks Commission, Parish of East Baton Rouge v. Loret, 263 So.2d 467, 472-473 (La.App. 1st Cir. 1972) this court observed as follows: It would appear that what constitutes market value for determining just compensation in expropriation cases under La. Const. of 1974, art. I, ยง 4 is essentially the same as the market approach criterion for determining fair market value for assessment purposes.

  4. State, Dept., Transp. Dev. v. Tynes

    433 So. 2d 809 (La. Ct. App. 1983)   Cited 22 times

    One such method accepted by the courts is the capitalization of income approach. Roy, 265 So.2d at 474-475; Recreation and Parks Commission, Parish of East Baton Rouge v. Loret, 263 So.2d 467 (La.App. 1st Cir. 1972). Because we have determined that the trial judge was correct in rejecting the comparable sales to determine the proper value of the mining land taken, the cases of State, Department of Highways v. Hayward, 243 La. 1036, 150 So.2d 6 (1963) and State, Department of Highways v. Hart, 249 So.2d 310 (La.App. 1st Cir. 1971), application denied 259 La. 773, 252 So.2d 668 (1971) are not applicable.