Charles H. Browning, Jr., and Patricia L. Browning - Page 30

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          lot.  Based on the Benning report, Mr. Sapperstein assumed that             
          either 15 or 16 lots could be developed on the land and,                    
          accordingly, has the opinion that the value of the land before              
          conveyance of the easement to the county is either $675,000 or              
          $720,000.                                                                   
               Both Messrs. Lipman and Sapperstein are well qualified and             
          provided us with helpful testimony.  They both used sales of                
          comparable properties to value the land before the conveyance of            
          the easement to the county.  Indeed, they relied on many of the             
          same sales (of comparable properties) in reaching their                     
          respective conclusions.  They agree that a dollar-a-lot basis is            
          an appropriate basis for comparison.  Because Mr. Lipman did not            
          have an engineer’s estimate of lot yield, he did not make a                 
          dollar-a-lot comparison, but, instead, relied on a dollar-an-acre           
          comparison.  Messrs. Lipman and Sapperstein reach different                 
          conclusions, which are difficult to reconcile because of the                
          different basis of comparison adopted by each.  We are not                  
          persuaded by Mr. Sapperstein that a dollar-a-lot basis is                   
          necessarily superior to a dollar-an-acre basis for making                   
          comparisons (we would have preferred to have each expert use                
          both).  Mr. Lipman, however, at trial, agreed that “a                       
          knowledgeable buyer of the property would buy this property based           
          on a lot yield as opposed to an acreage basis” and, in his                  







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