- 37 - Tidwell and Hearn correctly concluded that the highest and best use of Parcel A was residential in nature. There is little question that parcel A has only limited access to Highway 280. We do not think, however, that this is sufficient, as petitioner generally suggests, to conclude that the highest and best use of parcel A is not commercial. Although the 300 feet of Highway 280 frontage parcel A does have would likely require substantial modification to facilitate accessibility, the accompanying costs could be accounted for in the valuation process. Even if, as one of petitioner’s witnesses claimed, regulations promulgated by the State highway commission may prevent or restrict such access due to the proximity of this frontage to the entrance of the Bell property, Cahaba River Road provides a means of alternative access to parcel A. In fact, such latter access might be preferable for commercial development. In any event, the extent to which parcel A is less attractive from a commercial development perspective, due to the lack of convenient access to Highway 280, can be sufficiently accounted for in the process of value estimation and should not be construed as denuding the parcel of commercial utility. We are unwilling to accept petitioner’s contention that the so-called buffer zone separating Cahaba River Road from that portion of parcel A annexed by the city of Birmingham in 1985 imposed an absolute barrier to the accessibility of parcel A from Cahaba River Road. At best, the record establishes only that aPage: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
Last modified: May 25, 2011