Charles H. Browning, Jr., and Patricia L. Browning - Page 31

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          report, stated that a value of $43,700 a lot is “well supported             
          by the market data”.5                                                       
               Since the parties' experts appear to be in relative                    
          agreement as to the value of the lots that the land would yield             
          (Sapperstein: $45,000 a lot; Lipman: $43,700 a lot), we shall               
          derive the before value of the land by multiplying a dollar-a-lot           
          value by the land's lot yield.6  In addition, we shall accept               

          5    Although Mr. Lipman derived the $43,700 a lot value by                 
          dividing his appraisal value of the land (based on a $10,000                
          an acre appraisal of the land) by his estimate of the number of             
          lots the land would yield, Mr. Lipman testified that the $43,700            
          a lot value would not change even if the land yielded more than             
          12 lots.                                                                    
          6    It appears that Mr. Lipman would multiply any dollar-a-lot             
          value by the land's lot yield minus one lot because of the lot              
          underlying the improvement.  Mr. Lipman testified as follows:               
                    If you divide 4 into 52.44 acres, you get 13 lots.                
               I used 12 lots and Mr. Browning owns the house under                   
               which is another lot, which he has at the beginning of                 
               the day and he has at the end of the day.  So all he is                
               giving away is 12 lots, and you then follow the math,                  
               12 lots times $43,700, gives you a number, and if you                  
               take 52.44 acres times 3,000 an acre, which is the                     
               after value, which I think everybody agrees to, the                    
               difference, i.e., the value of the development rights,                 
               is $367,000, which is my number.                                       
          We believe, however, that petitioners' retention of certain                 
          rights with respect to the lot underlying the improvements does             
          not warrant reducing lot yield for that lot in calculating the              
          land's before value.  Adjusting the before value of the land in             
          the manner advanced by Mr. Lipman would undermine the basic                 
          mechanics of the before and after valuation calculation, which is           
          a method used to derive the value of the easement by measuring              
          the difference between the before and after values of the land,             
          both at the land's highest and best use.  Any adjustment for                
                                                             (continued...)           





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