- 41 - commercial was reasonable and likely. See Symington v. Commissioner, supra. These appraisers, however, are not in agreement with respect to the way factors such as topography, size, shape, accessibility, visibility, and available utilities influence the commercial utility of parcel B. Respondent maintains that these factors do not impair the use of parcel B in any significant manner. Petitioner disagrees and contends that such factors impose substantial limitations on plans to develop the parcel commercially for profit. Perhaps the most significant point of dispute involves the topography of parcel B. Parcel B consists of approximately 10 acres of land. Prior to the construction of I-459, parcel B contained a large depression, roughly 4 acres in size. As part of the plan to dispose of excess earth and rock accumulated during the I-459 construction project, Held agreed to accept as much of this excess accumulation as needed to bring the 4-acre depression to grade level. Petitioner maintains that the 4 acres of filled area on parcel B constitute the only portion of that parcel suitable for any type of commercial development. Petitioner contends that the remaining 6 acres consist of excessively steep sloping terrain with a substantial amount of exposed surface rock. Petitioner further contends that significant evidence exists which brings the integrity of the fill into question. Pointing to an engineering report prepared in 1985 that presents an analysis ofPage: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
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