State Department of Hwys. v. Ellender

Full title: STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF HIGHWAYS…

Court: Court of Appeal of Louisiana, First Circuit

Date published: May 29, 1979

371 So. 2d 638 (La. Ct. App. 1979)

Opinion

No. 12357.

April 16, 1979. Rehearing Denied May 29, 1979.

APPEAL FROM 32ND JUDICIAL DISTRICT COURT, PARISH OF TERREBONNE, STATE OF LOUISIANA, HONORABLE ASHBY W. PETTIGREW, JR., J.

Bryan Miller and Johnie E. Branch, Jr., Baton Rouge, for plaintiff-appellant.

Thomas L. Wright, Houma, for defendant-appellee.

Before SARTAIN, CHIASSON and EDWARDS, JJ.

SARTAIN, Judge.

For reasons assigned this date in State v. Louisiana Through the Department of Highways, No. 12,358 La.App., 371 So.2d 626, the judgment of the trial court is amended to reduce the value of the part taken from $10,000.00 per acre to $7500.00 per acre, with the proper acreage to be determined on remand, and to reduce the award for severance damages from the sum of $12,500.00 to the sum of $4445.12, less a credit of $2000.00 for each culvert placed by the State for Tract 1-7.

The assessment of costs is to await a final determination on the merits.

AFFIRMED IN PART, REVERSED IN PART AND REMANDED.