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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".
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