- 12 - Mr. Lipman recognizes that Howard County landowners may accept a price from the county below the before and after differential in value of their land. He concludes: Accordingly, while the Montgomery County sales of TDR’s adequately represent the totality of monetary award and therefore are dependable vis-a-vis the direct comparison approach, development rights sales in Howard County do not reflect those characteristics. Therefore, the Howard County sales themselves do not constitute full consideration and we cannot use them from a direct comparison perspective. * * * Mr. Lipman considers data from Montgomery County sales of TDRs that “would suggest development rights values for property in Howard County by direct comparison in the range of $6,000 to $6,500”. Nevertheless, he concludes: “After considering this data, we believe that the before and after approach to value is a more accurate measure of the subject’s development rights.” During his oral testimony, Mr. Lipman agreed that data from Montgomery County sales of TDRs is irrelevant to determining the fair market value of the easement. Based on his assumptions as to highest and best use, Mr. Lipman reached the conclusion that the fair market value of the easement on December 1, 1990, was $367,000. Mr. Lipman provided the following table to illustrate his calculations (the entries for improvements reflect a dwelling on the land):Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011