State ex rel. Department of Highways v. Soileau

(concurring in part and dissenting in part) :

I concur in affirming the trial court as to damages for the land taken, but I dissent on the issue of severance damages.

I would affirm an award of severance damages in this case because the record reflects that the landowner’s remaining property has been diminished in value. This was the conclusion of the experts who testified for the defendant and their opinions were accepted by the trial court.

The weight to be given expert testimony and the function of the trial court has been -ecently described by the Louisiana Supreme Court in State, Department…