- 31 - 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...)Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
Last modified: May 25, 2011