Charles H. Browning, Jr., and Patricia L. Browning - Page 27

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          followed to implement the Program, including publication of the             
          Program, public hearings at which properties offered to the                 
          Program were presented for comment, the limitations on what the             
          county would pay, and the appraisal process designed to insure              
          that the county did not pay the full amount of the value of the             
          development rights indicated by that appraisal, all convince us             
          that participants in the Program generally intended to make a               
          gift to the county by way of a bargain sale of development                  
          rights, and we so find.                                                     
               Of course, our finding that participants in the Program                
          intended a bargain sale is not determinative that there was a               
          bargain sale.  Nevertheless, it is determinative that the                   
          universe of sales to the county under the Program does not                  
          represent a universe populated with sellers all of whom (or,                
          perhaps, even, any of whom) were looking for the best deal                  
          (highest price) possible.  Sales data from that universe, thus,             
          are not reflective of a market populated by buyers and sellers              
          each trying to maximize profits by searching for the lowest                 
          (buyers) or highest (sellers) price possible.  Any “market price”           
          based on evidence from that market is not a market price fairly             
          reflective of the price the easement would fetch in an                      
          uninhibited market.  It is not a “fair” market price within the             
          meaning of Heiner v. Crosby, 24 F.2d at 193, nor are the sales              
          “market-place” sales within the meaning of section 1.170A-                  





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