ELECTION DAY is this Saturday, Dec. 8

ELECTION DAY IS THIS SATURDAY, DEC. 8.

When casting your vote, please take into consideration all that District 12 Councilman Smokie Bourgeois has done for us in the past years, particularly in regard to the Staring Lane Green Light Project.

He was instrumental on several occasions in resolving homeowner problems with the ongoing construction and in ensuring that the work was done properly according to the plans. We will continue to need his invaluable assistance as the Staring Lane Green Light Project continues.

PETE TERRITO
SCLA Vice President
560 Staring Lane

SLCA Board will meet Thursday, March 8

The SLCA Board will meet Thursday, March 8, 2012, from 5:30 to 6:30 p.m.

Meeting Announced - Sunday, July 17 - 5pm

The next meeting of the Staring Lane Community Association will be held Sunday, July 17, 2011, at 5pm, at the Magnolia Woods Swim & Racquet Club. Pete Newkirk's replacement will be speaking to our group about the timeline of the Staring Lane expansion project. SLCA members and non-members alike are invited to come to the meeting. Thanks - Hope to see you there!

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.

Request for changes to plans for widening Staring MUST BE IN WRITING

Anyone wanting to request any changes to the plans for widening Staring as related to their individual properties has to request in writing. (still no sure bet of being granted).Below is an example of the type of letter that should be written:

Mr. Alvarez,
Please let this e-mail serve as a means of requesting the relocation of entry to my driveway from the center of the yard to the corner, which is adjacent to Menlo Dr. My home is located at 402 Staring Lane. This would assist in making a left turn traveling South on Staring Lane instead of a U-turn & then a right turn to enter my property. This would indeed reduce the posibility of a dangerous accident, thus increasing safety. I would like to thank you in advance for granting this request. I can be reached at the above e-mail address, my home at 402 Staring Lane, or by phone at 225-773-6932 or 225-766-9439.

Thanks Again,
Dr. Gwynn Shamlin
402 Staring Lane
Baton Rouge, La. 70810

Basic Tips for Dealing with Floods and Rising Rivers

Rising waters force wildlife from flooded habitat into adjacent residential and commercial areas where they may come into contact with residents. LDWF urges citizens to minimize contact with animals while they seek temporary refuge from their flooded home range.

Wild animals not posing a threat to humans should be left alone and should not be fed. Feeding wild animals will encourage those animals to remain in the vicinity of a new food source when they should be allowed to find natural habitat and food sources on their own.

Basic Tips:

*Avoid areas where displaced wildlife has taken refuge.
*Avoid interaction with and do not feed displaced wildlife.
*Avoid roadways near flooded areas to reduce likelihood of disturbance and collisions with wildlife.

Species of Concern:

Black Bears: The Louisiana black bear remains on the federal Threatened and Endangered Species List. The black bear is a species of concern during a flood incident, when high water moves bears out of their habitat within the Mississippi Alluvial Valley. For assistance with black bears that may be forced into populated areas by flood waters, call 1-800-442-2511 toll free.

Alligators, Snakes: Flood waters will carry reptiles into populated areas where they may not normally be noted in significant numbers. Following the impact of flood waters, exercise extreme caution when salvaging possessions from flooded areas. Wildlife, especially reptiles, may remain in flooded areas and pose a safety threat.

Poisonous snake species in Louisiana include the canebrake rattlesnake, the copperhead, the cottonmouth, the eastern diamondback rattlesnake, the harlequin coral snake, the pygmy rattlesnake and the Texas coral snake. For more information on snake species found in Louisiana, including frequently asked questions, visit LDWF’s website at this link: http://www.wlf.louisiana.gov/resource/snakes-louisiana.


Deer, Feral Hogs: Deer and feral hog populations within the Mississippi Alluvial Valley represent the two large quadruped species that may appear in populated areas in significant numbers as flood waters move wild animals out of natural habitat. As is the case with all wild animals, how these species will react to humans in close contact situations is unpredictable. LDWF recommends allowing these species, when sighted individually or in groups, to move unimpeded through flooded areas as they seek higher ground.

For assistance with these, or any other wildlife species, that endanger human health or safety, call the following LDWF field offices at:

Baton Rouge 225-765-2800
Hammond 985-543-4777
Monroe 318-343-4044
New Iberia 337-373-0032
Opelousas 337-948-0255
Pineville 318-487-5885

Also, just a reminder that the East Baton Rouge Animal Control Center is on call 24 hours. Their phone number is 774-7700 and their dispatch system operates until 11:00 p.m. After 11:00 p.m. the dispatch system will go to a pager system. You can also call the Police Department at 389-3800 and 389-2000 (after hours) and they will contact Animal Control if necessary. The number for the Sheriff’s Office (outside city limits) is 389-5000.

Letter - 5/1/2011 - Magnolia Woods Subdivision Assn meeting

STARING LANE COMMUNITY ASSOCIATION

Date: May 1, 2011
To: Jose Alvarez, DPW Engineer
Subject: Staring Lane Project Requests
From: Gwynn Shamlin, SLCA President

The Executive Committee of the Staring Lane Community Association is asking that this communication serve as means of requesting the following, as related to the Green Light project to widen Staring Lane:

1. Speed Limit remain at 35 mph, thus keeping the neighborhood configuration as found on both South Bluebonnet & Sherwood Forest Blvds. This would add safety measures, i.e., vehicles departing & entering driveways, walkers, bike riders, closeness of residents to street, school busses picking up & dropping off students, etc.

2. At least two (2) electronic signs at different points, indicating the speed each vehicle is traveling and the suggested speed limit.

3. Signal lights at cross-intersections.

4. Partial mature trees (at least 15 ft. in height) & scrubbery in median.

5. Atractive lights in median.

6. The elevation of completed Staring Lane is adjacent to existing properties.

7. Desires of Staring Lane homeowners should be considered with regards to constuction, landscraping and zoning. Any consideration given these requests will be highly appreciated.

You can contact me by phone at 225-773-6932 or by e-mail at gwynnshamlin@hotmail.com.

MEETING - Sunday, Aug. 22 @ 5pm

The Staring Lane Community Association has scheduled a meeting for Sunday, Aug. 22, 2010, at 5 p.m. It will be held at the Magnolia Woods Swim & Racquet Club.

SLCA Meeting Minutes - April 18, 2010

STARING LANE COMMUNITY ASSOCIATION
April 18, 2010
Magnolia Woods Club House

The meeting was called to order at 5:10 p.m. by the president. People who were present introduced themselves.

The president gave an overview of the meeting’s objectives: update on any contracts about possible appraisal offers and to determine if we’ll take some type of legal action in reference to these proposed offers.

Pam Labbe, secretary, was unable to attend; Judy Barbay acted as recording secretary.

The minutes were read and two corrections were noted:
1. Only 2 people have been present when their land was appraised.
2. The value was approximate of $3.50 per square foot.
Pete Territo made a motion to accept the minutes as corrected; Judy Barbay seconded the motion and the motion carried.

It will cost 46.4 million to place utilities underground.
Property owners on O’Neal Lane have received $14/sq. ft. for commercial and $7 for residential.
The majority have received letters asking if they wanted to be present when the appraisal was done.

Publicity Committee—no report

Membership Committee—It is hoped that all present will become members.

Finance Committee—There is $320.00 in the account.

Nominating Committee—Some members have moved so we will wait until there is more stability before filling the positions.

OTHER NEWS:
The majority of people have been contacted.
Six people have had their property appraised: O’Rourke, Herke, Territo, LaCaze, White, Singleton
Three people have had offers: Territo, Singleton & White
Two have rejected the offers.

PRESENTATION BY GWYNN SHAMLIN, ATTORNEY
If one rejects the offer, they must make a proposal with documentation for rejecting the offer. If the City-Parish doesn’t agree, they will do a “quick take” and it will go to court. We may want to do group appraisals.

Pete Territo presented the correspondence he had received from Pete Newkirk responding to questions that had been posited by the Association.
Underground Utilities: City-Parish is going to provide high poles like on Essen Lane to avoid the trees (will not run lines underground).
Cable and Telephone Lines: Same as above.
35 MPH Speed Limit: DPW will make this determination.
Servitude Ending at Construction Line: 5 foot will be needed for actual road construction and 17 foot of “back grade” for future development.
Double driveway entrances: Won’t outright agree to this. Residents should insist they need a double driveway if the road is close to the house to provide easy access.
Preservation of existing trees: Planning to put high electricity poles to avoid the trees. However, the construction workers will not respect the trees. The engineers said they were going to clear the right of way. You will have to be paid for fence removals.
2-Lane Street: City-Parish is planning to develop it as a 4-lane street as voted on in the Green Light plan. Can develop as 5 lanes but can put in fewer lanes if they thought it was better.

It was indicated that it was still in question as to whether the house at the corner of Hyacinth and Staring was going to be taken. The Thomases haven’t had any information recently.

Gwynn Shamlin, Attorney, reviewed the Association’s Two Options:

Option One: Challenge City-Parish’s right to take property. Attorney Gwynn Shamlin did research and the “quick take” process to take property requires court. Even though this “quick take” procedure has been under criticism (statute is too broad, gives too much power to the municipalities); if we were to take legal action, we would have to establish that the law has been unconstitutional and it would be expensive to do so. The City-Parish would probably get a stay of order until the decision is rendered. The money would be put in an escrow account and would go to court; but they will go ahead and take the property. The money could be accessed during the court procedure but you will have to pay expert witnesses when you go to court and an attorney would want one-third as payment. Attorney Shamlin will break down the law for us and send it to everyone.

Option Two: Property owners could negotiate a better offer based on a private appraisal. Property owners need to negotiate and not take the first offer and make a counter offer based on a certified appraisal. The key is getting an appraisal done. Must take into account noise, heat, etc. Will need an appraisal comparable to the City-Parish’s appraisal.


Attorney Gwynn Shamlin will help without asking for anything but he is not a “takings” lawyer. His phone number is 225 772-0341. He will answer questions via the Q & A site he has established at his website.

Other points made:
· We must understand the legal ramifications of any action that we take.
· When we begin to negotiate, we want to consider future possible commercial value of the land.
· Appraisers giving out questionable information such as don’t worry about the “set back,” you can do what you want with the servitude which isn’t correct.
· Pete Territo’s comps were based on vacant land.
· A show of hands indicated that a majority would have an appraisal.
· Three agents are working the Staring Lane project: Ronnie Rabalais, Robert Cain and one other one.
· Home owners will work through the agents and not the appraisers.
· Green Light is over budget on all projects.

An amended motion passed to have an executive committee meet with outside appraisers and come back with a report to the group.

Meeting concluded at 6:55 p.m.

Quick Take Process ( Louisiana Law )

April 21, 2010

To: Staring Lane Community Association
Re: Louisiana Quick Take Process
Dear Association Members:

As promised, the following are a list of applicable laws with reference to a quick take action in Louisiana. They can be found in Title 48 of the code of Louisiana Revised Statutes. To sum it up, the following steps will have to happen in a “quick take” process:

1. The city will file a petition expropriate or “take” the property following a failure to agree on compensation;
2. Defendant (you) has the right to file a Motion to Dismiss within 20 days if the following occurs:
a. You can prove the property was not taken for public purpose, or;
b. The city failed to fulfill the requirements of statutes 442-444 (listed below);
c. The Motion will be heard by a judge.
3. Should the motion fail, the defendant has the right to file an answer within one year to have a trial on the compensation issue.
4. Should you win on the motion, or should you prove that you were under compensated, 48:456 provides that you can recover attorney fees and court costs.
I am confident that we can use this process to force the city’s hand in providing appropriate compensation. The key will be in filing the Motion To Dismiss and an Answer which I can assist with.


Here are the laws:

§441. Authority to expropriate and acquisition of property prior to judgment
A. Where the Department of Transportation and Development cannot amicably acquire property needed for highway purposes, the department may acquire the same by expropriation.
B. In any suit for the expropriation of property, including both corporeal property and servitudes, the department may acquire the property prior to judgment in the trial court in the manner provided in this Part.
Added by Acts 1954, No. 107, §1, eff. June 24, 1954. Amended by Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975; Acts 1977, No. 291, §1; Acts 2006, No. 11, §5.


§442. Contents of petition for expropriation; place of filing
The rights of expropriation granted by this Part shall be exercised in the following manner:
(1) A petition shall be filed by the plaintiff in the district court of the parish in which the property to be expropriated is situated. However, where the property to be expropriated extends into two or more parishes and the owner of the property resides in one of them, the petition shall be filed in the district court of the parish where the owner resides, but if the owner does not reside in any one of the parishes into which the property extends, the petition may be filed in any one of the parishes. In all such cases, the court wherein the petition is filed shall have jurisdiction to adjudicate as to all the property involved.
(2) The petition shall contain a statement of the purpose for which the property is to be expropriated, describing the property necessary therefor with a plan of the same, a description of the improvement thereon, if any, and the name of the owner or owners as shown in the public records.
(3) The petition shall have annexed thereto the following:
(a) A certified copy of a certificate of authorization to expropriate executed by the secretary of the department, declaring that the taking is necessary or useful for the purposes of this Part.
(b) A certificate signed by the chief engineer or, in his absence, his principal assistant, declaring that he has fixed the right-of-way in a manner sufficient in his judgment to provide presently and in the future for the public interest, safety, and convenience.
(c) A certificate signed by the chief engineer, by the road design engineer, and, if appropriate, by the bridge design engineer, declaring that the location and design of the proposed improvements are in accordance with the best modern practices adopted in the interest of the safety and convenience of the traveling public. In the absence of any of them, his chief assistant may sign for him.
(d) An itemized statement of the amount of money estimated to be the full extent of the owner's loss for the taking or the damage, or both, as the case may be, the methodology used in the estimate, and all of the information required by R.S. 48:443 relative to estimators. It shall be signed by those who made the estimate, showing the capacity in which they acted, and the date on which it was made. The real estate administrator or his designated representative shall signify his approval on the face thereof. It shall not be grounds to dismiss the taking if it is shown that the estimate is or may be less than the full extent of the owner's loss.
(e) Repealed by Acts 2003, No. 1065, §2, eff. July 1, 2003.
Added by Acts 1954, No. 107, §1, eff. June 24, 1954; Amended by Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975; Acts 1977, No. 291, §1; Acts 1979, No. 413, §9, eff. July 11, 1979; Acts 1984, No. 304, §1; Acts 1988, No. 882, §1; Acts 1989, No. 124, §1, eff. June 22, 1989; Acts 2001, No. 473, §1, eff. June 21, 2001; Acts 2003, No. 1065, §§1, 2, eff. July 1, 2003.

§442.1. Contents of petition for expropriation; property needed for design-build projects; place of filing
Notwithstanding the provisions of R.S. 48:442, the rights of expropriation granted by this Part shall be exercised for design-build projects authorized according to the provisions of R.S. 48:250.2 in the following manner:
(1) A petition shall be filed by the plaintiff in the district court of the parish in which the property to be expropriated is situated. However, where the property to be expropriated extends into two or more parishes and the owner of the property resides in one of them, the petition shall be filed in the district court of the parish where the owner resides. If the owner does not reside in any one of the parishes into which the property extends, the petition may be filed in any one of the parishes. In all such cases, the court wherein the petition is filed shall have jurisdiction to adjudicate as to all the property involved.
(2) The petition shall contain a statement of the purpose for which the property is to be expropriated, describing the property necessary therefor with a plan of the same, a description of the improvement thereon, if any, and the name of the owner or owners as shown in the public records.
(3) The petition shall have annexed thereto the following:
(a) A certified copy of a certificate of authorization to expropriate executed by the secretary of the department, declaring that the taking is necessary or useful for the purposes of this Part.
(b) A certificate signed by the chief engineer or, in his absence, his chief assistant, declaring that he has fixed the right-of-way in a manner sufficient in his judgment to provide presently and in the future for the public interest, safety, and convenience of the traveling public and has made a determination of the amount and location of the property required for the purposes set forth in the petition and that in his opinion the property is neither excessive or inadequate for such purposes.
(c) An itemized statement of the amount of money estimated to be the full extent of the owner's loss for the taking or the damage, or both, as the case may be, the methodology used in the estimate, and all of the information required by R.S. 48:443 relative to estimators. It shall be signed by those who made the estimate, showing the capacity in which they acted and the date on which it was made. The real estate administrator or his designated representative shall signify his approval on the face thereof. It shall not be grounds to dismiss the taking if it is shown that the estimate is or may be less than the full extent of the owner's loss or that the estimate was made without consideration of final plans.
Acts 2005, 1st Ex. Sess., No. 43, §1, eff. Dec. 6, 2005.

443. Appointment of estimators; restrictions in selection
A. The real estate administrator shall select one or more persons to make the estimate of just compensation except when the estimate is expected to exceed the amount of thirty thousand dollars in which case he shall select two or more persons. However, when the department cannot amicably acquire clear title to property solely for reasons unrelated to the amount of just compensation to be paid such as unopened successions, absentee defendants, or partial interests, one person shall be selected to make the estimate regardless of the amount. The estimate shall be performed by either a real estate appraiser or real estate specialist in the regular employ of the department or a licensed Louisiana appraiser certified pursuant to the Louisiana Real Estate Appraisers Law. The person performing the estimate shall be familiar with land values in the vicinity of the property to be taken and shall conduct the appraisal in accordance with real estate appraisal guidelines.
B. Each estimator in determining the extent of the owner's loss shall consider the replacement value of the property taken.
C. Prior to filing its petition, the department shall provide to the owner the following information with respect to each estimate of the owner's loss.

(1) The name, address, and qualifications of the person or persons preparing the estimate.
(2) The amount of the estimate.
(3) A description of the methodology used in the estimate.
(4) Upon request by the owner, a copy of the estimate prepared by each estimator.
Added by Acts 1954, No. 107, §1 eff. June 24, 1954; Amended by Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975; Acts 1988, No. 882, §1; Acts 1989, No. 124, §1, eff. June 22, 1989; Acts 1989, No. 736, §1; Acts 2001, No. 56, §1; Acts 2003, No. 341, §2; Acts 2006, No. 727, §1, eff. June 29, 2006.


§444. Prayer of petition; ex parte order of taking
The petition shall conclude with a prayer that the property be declared taken for highway purposes. Upon presentation of the petition, the court shall issue an order directing that the amount of the estimate be deposited in the registry of the court and declaring that the property described in the petition has been taken for highway purposes at the time of the deposit.
Added by Acts 1954, No. 107, §1, eff. June 24, 1954. Amended by Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.

§445. Vesting of title
Upon the deposit of the amount of the estimate in the registry of the court, for the use and benefit of the persons entitled thereto, the clerk shall issue a receipt showing the amount deposited, the date it was deposited, the style and number of the cause, and the description of the property and property rights, as contained in the petition. Upon such deposit, title to the property and the property rights specified in the petition shall vest in the department and the right to just compensation therefor shall vest in the persons entitled thereto.
Added by Acts 1954, No. 107, §1, eff. June 24, 1954; Amended by Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975; Acts 1988, No. 882, §1.

§446. Notice to defendant
Upon receipt of the deposit, the clerk of court shall issue a notice to each defendant in the suit, notifying him that the property described in the petition has been expropriated for highway purposes.
This notice, together with a certified copy of the order, the petition, and the clerk's receipt for the deposit, shall be delivered by the clerk to the proper sheriff for service on each defendant in the manner provided for the service of citations.
Added by Acts 1954, No. 107, §1, eff. June 24, 1954. Amended by Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.

§447. Contesting validity of taking; waiver of defenses
A. Any defendant desiring to contest the validity of the taking on the ground that the property was not expropriated for a public purpose or on the ground that the petition and attached exhibits do not satisfy the provisions contained in R.S. 48:442 through 444 may file a motion to dismiss the suit within twenty days after the date on which the notice was served on him. He shall certify thereon that a copy thereof has been served personally or by mail on either the plaintiff or its attorney of record in the suit. This motion shall be tried contradictorily with the plaintiff to the judge alone and shall be decided prior to fixing the case for trial.
B. Failure to file the motion within the time provided constitutes a waiver of all defenses to the suit except claims for compensation.
Added by Acts 1954, No. 107, §1 eff. June 24, 1954; Amended by Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975; Acts 1988, No. 882, §1.

§448. Right of possession; limitation by court
If there are no buildings located wholly or partially upon the property described in the petition, the department is entitled to enter upon and take possession of the property upon the deposit of the estimated compensation.
If any building is located wholly or partially upon the property described in the petition, the court may postpone the right of entry for any period not to exceed thirty days from the date on which the last of any parties defendant was served with the notice. However, the department in its discretion, may request the court to order possession surrendered after a longer delay. The court may fix a reasonable rental to be paid to the department by a defendant in possession of the property for each day he remains in possession after the withdrawal of any part of the amount deposited.
Added by Acts 1954, No. 107, §1, eff. June 24, 1954. Amended by Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.

§449. Withdrawal of amount deposited
Upon the application of any party in interest, and upon due notice to all parties, the court may order that the money deposited, or any part thereof, be paid forthwith to the person entitled thereto for or on account of the just and adequate compensation to be awarded in the proceedings.
The court may make such orders as shall be just and equitable to direct the payments of taxes, encumbrances and other charges out of the money deposited.
Added by Acts 1954, No. 107, §1, eff. June 24, 1954. Amended by Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.

§450. Defendant's answer; requirements; delay for filing
A. Where an entire lot, block or tract of land is expropriated, any defendant may apply for a trial to determine the measure of compensation to which he is entitled, provided:
(1) He files an answer within ninety days from the date he is served with the notice;
(2) His answer sets forth the amount he claims;
(3) His answer has a certificate thereon showing that a copy thereof has been served personally or by mail on all parties to the suit who have not joined in the answer.
B. Where a portion of a lot, block, or tract of land is expropriated, any defendant may apply for a trial to determine the measure of compensation to which he is entitled, provided:
(1) He files an answer within one year from the date he is served, in the same manner provided for service of the petition, with a copy of the department's notice of acceptance, which has been filed with the clerk of court of the parish in which the action is pending, declaring that it has finally accepted the construction of the highway project for which the property was expropriated; provided however, that he may file his answer at any time prior thereto;
(2) His answer sets forth the amount he claims, including the value of each parcel expropriated and the amount he claims as damages to the remainder of his property;
(3) His damage claim is reasonably itemized;
(4) His answer has a certificate thereon showing that a copy thereof has been served personally or by mail on all parties to the suit who have not joined in the answer.
Added by Acts 1954, No. 107, §1, eff. June 24, 1954; Amended by Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975; Acts 1988, No. 882, §1.

§451. Fixing for trial; notice
After answer is filed, if no motion to dismiss the suit pursuant to R.S. 48:447 is pending before the court, either party may, upon ex parte motion, request that the matter be docketed for trial. The court shall fix the time for the trial of the suit not more than sixty days after the filing of the motion, and the trial shall be conducted with preference and with the greatest possible dispatch. The clerk of court shall thereupon issue to all parties a notice of the time fixed for the trial. This notice shall be served at least thirty days before the time fixed for the trial and in the manner provided by law for the service of citations.
Acts 1987, No. 619, §1.

§451.1. Right to trial by jury
In an expropriation proceeding pursuant to this Part any party has the right to demand a trial by jury to determine just compensation.
Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.

451.2. Time limit for demanding jury trial; waiver of demand for jury trial; limitations
A. A defendant may demand jury trial in his answer or by motion filed within the delays provided for the filing of his answer.
B. The department may demand jury trial by motion filed no later than fifteen days after service upon the department of an answer filed by a defendant.
C. For purposes of this Section, answers filed by attorneys appointed to represent absent or unknown defendants shall not cause these delays to begin to run, unless that answer indicates that the appointed attorney has been retained or employed by the owner to assert and prosecute a claim in his behalf.
D. Once any party has timely demanded a jury trial, that demand is effective against and binding upon all parties to the suit, and cannot thereafter be waived without the consent of all parties. With the consent of all parties, a demand for jury trial may be waived at any time prior to the swearing of the jury.
Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975; Acts 1988, No. 882, §1.

§451.6. Procedure in general
In cases to be tried by jury, six jurors summoned in accordance with law shall be chosen by lot to try the case. The method of calling and drawing by lot shall be at the discretion of the court.
Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.


§451.19. Number required for verdict
In order to reach any verdict, five of the jurors trying the case must concur therein.
Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.

§453. Measure of compensation; burden of proof; extent of loss
A. The measure of compensation for the property expropriated is determined as of the time the estimated compensation was deposited into the registry of the court, without considering any change in value caused by the proposed improvement for which the property is taken.
B. The measure of damages, if any, to the defendant's remaining property is determined on a basis of immediately before and immediately after the taking, taking into consideration the effects of the completion of the project in the manner proposed or planned.
C. The owner shall be compensated to the full extent of his loss. The court shall include in its consideration the difference between the rate of interest of any existing mortgage on an owner-occupied residence and the prevailing rate of interest required to secure a mortgage on another owner-occupied residence of equal value.
D. The defendant shall present his evidence of value first.
E. Reasonable attorney fees may be awarded by the court if the amount of the compensation deposited in the registry of the court is less than the amount of compensation awarded in the judgment. Such attorney fees in no event shall exceed twenty-five percent of the difference between the award and the amount deposited in the registry of the court.
Added by Acts 1954, No. 107, §1, eff. June 24, 1954; Amended by Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975; Acts 1976, No. 391, §1, eff. Oct. 1, 1976; Acts 1983, No. 33, §2; Acts 1988, No. 882, §1.

455. Judgment to provide interest
If the amount finally awarded for compensation exceeds the amount deposited, the judgment shall include legal interest on the excess from the date the defendant files an answer as provided in R.S. 48:450 until paid, but such interest shall not accrue on any award made for expert fees or attorney fees prior to judgment.
Added by Acts 1954, No. 107, §1, eff. June 24, 1954; Amended by Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975; Acts 1988, No. 882, §1; Acts 1992, No. 483, §1; Acts 2006, No. 322, §1, eff. July 1, 2006.

§456. Judgment as to difference awarded; payment of judgment
A. If the amount finally awarded exceeds the amount so deposited, the court shall enter judgment against the department and in favor of the persons entitled thereto for the amount of the deficiency. The judgment shall not be an in globo award, but shall list separately the amounts awarded, but not deposited, for:
(1) An increase in the fair market value of the part taken;
(2) An increase in severance damages;
(3) Attorney fees;
(4) Expert witness fees; and
(5) Any other type of loss or damage.
B. Those portions of the final judgment which award an increase in the value of the part taken, an increase in severance damages, compensation for any other type of loss or damage, together with interest payable on those sums not deposited, attorney fees, and expert witness fees shall be paid within ninety days after becoming final. Thereafter, upon application by the owner or owners, the trial court may issue a writ of mandamus to enforce payment.
Added by Acts 1954, No. 107, §1, eff. June 24, 1981; Amended by Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975; Acts 1988, No. 882, §1.


Sincerely,

Gwynn L. Shamlin, II

SLCA Executive Committee Meeting Minutes - April 21, 2010

STARING LANE COMMUNITY ASSOCIATION
EXECUTIVE COMMITTEE
April 21, 2010

In Attendance: Gwynn Shamlin, Brunetta Shamlin, Pete Territo, Cathy & L. J. Cusimano, Mr. Herke and Judy Barbay.

As agreed upon by the Association, an executive committee met with appraisers to determine who could best meet the needs of Association members.

1st Interview: Octavius Butler of Reva Scott’s Appraisal Company, RSB Appraisal Services

Ms. Scott was unable to attend, so Octavius Butler represented RSB Appraisal Services.
This company has been in existence 15 years and has operated in the States of California and Louisiana.

They have expertise in residential and small commercial appraisals.
RSB Services has two employees.

Appraise vacant lots as well.

Appraise home and land value within your subdivision by looking at comparable homes—age, condition, exterior and interior.

48 hour turnaround to receive report (unless extenuating circumstances.

Appraises shrubberty, trees (considers historic value of trees)
Calculates external obsolescence (noise due to schools, railroad tracks)—the percentage is based on different neighborhoods.

Land value is determined on vacant land.

Have never been taken to court over the result of their appraisal.

Appraisal: broken down to land, carport, depreciation of home—breaks down square footage to home itself, carport/garage and lot
Appraise improvements—itemized as part of value.

Must make a special request to get commercial and residential value of land.
Will have a proposal ready for the Association by early Friday morning.

2nd Interview: Kermit “Wayne” Williams

Has testified many times as an expert witness.

Is a certified real estate appraiser who has contracted with the city on the sewer project. Can work with both sides of controversy. Will work with objectivity.

If has at least 10 appraisals from the Association will charge $1500 per parcel and $200 per hour for other expertise. If there aren’t 10, then the charge will be $3,000.

He urges everyone to hire an attorney to represent them with negotiations with the city-parish.
His appraisals are composed of “Before and After” approach/”Paired Sales”—courts say you are to be compensated to the full extent of the loss. He would do a study on properties and will look at the plan and compare to other properties where similar things have happened (paired sales) such as on Stanford Avenue and the street is very close to the front of the houses—he would compare their value with the value of houses within the Southdowns area and show how the estimated worth of square foot value is decreased due to this. Will see what this street widening project would do to the value of your property.

He is confident itemizing small objects on land but not large trees and shrubbery—recommends getting an expert in this area to determine their worth.
“A good settlement is better than a good fight.”

People have challenged the “quick take” law and lost.

Usually the servitude is used for construction and you get it back.

Heat and noise are not being addressed in the appraisal.

Looking at “paired sales” to prove detrimental effects of the construction project.

Two ways to measure damages—cost to fix damages (such as moving carport; could require a double driveway) Have to have other experts to determine landscaping losses.

Each property would be appraised on its own merit.

Consistent use principal: can’t value land as commercial and house as residential.

You need an attorney and having a solid front would do a lot more for negotiations.