SLCA Meeting Minutes - 8/22/10

Dr. Gwynn Shamlin welcomed everyone. Roster/sign in sheet went around the table. Appraisers were suggested at last meeting. Treasurer’s report: $550 balance in checking account as of 5/21/2010. No transactions made since that date.
An article or two were found regarding damages. Sham will make these articles available (or they can be found online: https/www.irwalonline.org/EWEB/upload/0309d…)(by Richard E. Welch, SRPA, SRA, R/W-AC, “The Long and Widening Road: A Cause for Proximity Damage” Right of Way, March/April 2009).


Smokie Bourgeois was invited to today’s meeting, but he is out of town. Appraiser is in the area and he plans to stop by today’s meeting.


Brandon DeCuir, who is running for school board, spoke to the group. He announced that a Baton Rouge City zoning meeting will be held Monday, 8/13, 2010, at 5 p.m. at the City Parish Chamber (19th JDC Building). Front of church will be on Staring Lane, but everything will sit at the back of the property. The information should be listed on the Magnolia Woods website.


Brunetta Shamlin expressed her concern and asked Brandon if we should attend the City Council meeting as a group. Meeting tomorrow is for the council to give approval on final construction.


The minutes were read and approved at the last general committee meeting. There has been no official meeting since that time, although an unofficial meeting was held at the Staring Motel.


The church claims that it will have zero impact and drainage.
Pete Territo has been receiving lots of phone calls from neighbors who received a letter stating tomorrow’s deadline (8/23/10) for property owners to respond to the city’s offer. Pete introduced Kermit Williams, the appraiser who was in the area.
Kermit is providing appraisals for several of the group who is being affected, but has completed only one appraisal. An “all purpose servitude” is being taken in addition to what the city needs. The city is under a federal mandate to expand/improve the sewage system.


Special landscaping – Kermit says the law says that the homeowner has the right to be compensated for his or her losses. Kermit, in his appraisals, admits that he is not an expert in landscaping. But he can add special losses to his appraisals in the form of previous appraisals conducted by an expert (assuming that the homeowner has done his research or paid for a previous appraisal).
The association had suggested that the members use Kermit “Wayne” Williams. He decreased his price from $3,000 per home to half that amount if he could get 10 people to sign on with him.


Dr. Shamlin asked if Kermit would be willing to take on anyone else’s appraisal needs. Kermit said yes, but not many. Kermit says he has been very successful in the past in court. If the resident disagrees with the right-of-way agent, that resident can handle things legally through the city attorney’s office. Example: he provided his appraisal service to the Olinde family and spoke on their behalf in front of the City.


Kermit thanks us for our patience and said he met many wonderful people while working with the Staring Lane residents.
Pete asked Kermit how the recovery of fees works. Kermit said the law allows residents to recover attorney’s fees and expert witness fees, but this is awarded by the judge. The way the attorney charges (flat fee, hourly, etc.) depends on the attorney.


Brandon Decuir provided the example of when the city exappropriated his mother’s land, which interrupted her business (she was located next door to Circa/mid-city area) to build the school.


Bill Herke asked Brandon about attorney contractual work. Brandon feels that a 25% attorney’s fee would be a fair fee. It is common practice for several people to use the same law firm.


Mrs. DeCuir told us about her experience – described by Brandon above – and then told us how she is a property owner of a Staring Lane home also. She suggested that we keep track of everything and that we go into this collectively rather than as individuals.


Kermit thinks that the value of the land will be around $3.50 per square foot (for those residents who are losing portions of their front lawns).


A “quick taking” – city has deposited a certain amount of money into an account in the property owner’s name.


Kermit said that we have a certain window of time when we can challenge the city’s offer.


Brandon DeCuir said that we can delay the project by filing suit if we thing our offer is unfair. He gave the example of a property owner on Bluebonnet Blvd where the project was held up for 19 months. Challenging a quick take is challenging if the city can lay claim to the property.


Pete Territo asked Kermit and Brandon to listen and hold comments. Pete then told us that Mayor Kip Holden already has purchased the land between Nicholson and Burbank for possible future extension. This is not known by many. Pete said his land is supposed to get exappropriated on 8/23/2010.


The servititude goes 10 feet beyond what is needed. Damages are being paid on the right-of-way, but not on the servitude, where the REAL money is. Right-of-way + servitude (another 30%) = total amount being taken away.


According to Fred Rayford, says Pete, the city/parish has never done something like this before. Damages increase the closer it gets to your wall.


Names of attorneys were mentioned during the meeting: Mr. St. Amant; Frank Craig; David Ellison.


St. Amant practices exappropriation cases; handled Bagget’s case (who is an attorney); charges a flat fee plus $175/hour. Frank Craig charges 30% of the difference between the award letter and the final court amount awarded by the court. David Ellison was called by Pete but was not available; Pete will call back. Going rate: 30%; if it goes to court: 40%.


Pete said that Rabalais said to get certified people, get it in writing, and document everything.


Elevation: Pete said no one said anything about what the elevation will be; we need to find this out.


Older attorneys who have the experience, as suggested by Kermit, but may or may not be practicing any longer: Jerry Davis, David McNeal, Pete Whitman.
Pete suggested that we’ll keep contacting attorneys to see what their fee structure is.


Key thing to remember: in best interest of city/parish to settle before going to court.

Dr. Shamlin reminded everyone to accept or reject the city/parish’s offer.
Brandon DeCuir: talked about offers/counter offers and avoiding confusion.
We may have another meeting in the weeks to come when preparing counter offers, etc.
Meeting adjourned.