- 30 - land condemned by the State of Alabama for the purpose of constructing I-459. Smyer concluded that the highest and best use of the property condemned for such purpose was commercial. Scotch's extremely brief report did not address the concept of highest and best use; however, it involved an analysis of comparable real estate sales in which he used only commercial property sales. Respondent contends that petitioner is applying the concept of highest and best use selectively so as to maximize the benefits of its application. Petitioner disagrees with respondent and contends that Hearn and Tidwell were correct in concluding that, as of the valuation date, it would have been difficult, if not unlikely, to have the residential zoning classification of parcel A changed to a commercial classification. Petitioner advances several arguments in support of its contention that a change in the zoning of parcel A was unlikely. On brief, petitioner explains that parcel A is in the middle of a residential community. Petitioner contends that Hearn's and Tidwell's conclusions that a commercial rezoning was unlikely were supported by the contractual agreement between the Jefferson County zoning commission (zoning commission) and Bell, prohibiting Bell from constructing a road connecting its property to Cahaba River Road. Petitioner maintains that this agreement reflected the desire of the zoning commission to insulate the residential property west of Cahaba River Road from what was referred to as "creeping commercialism".Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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