Charles H. Browning, Jr., and Patricia L. Browning - Page 32

                                       - 32 -                                         

          Mr. Sapperstein's value of $45,000 a lot because it was derived             
          from his analysis using a dollar-a-lot comparison and not from a            
          calculation derivative of a dollar-an-acre comparison, i.e.,                
          Mr. Lipman's dollar-a-lot value.                                            
               We shall now address the principal point of contention                 
          between the parties, the lot yield of the land.  Based on the               
          Benning report, Mr. Sapperstein assumes that the land could be              
          developed into either 15 or 16 residential lots.  Mr. Benning is            
          of the opinion that, if the land were developed in conjunction              
          with either or both of the adjacent tracts of land (the Barnes              
          tract and the Mullinix tract), certain land exchanges would be              
          undertaken that would increase lot yield and other efficiencies             
          would be obtained, which would allow 16 lots to be developed on             
          the land.  In the absence of such joint development, Mr. Benning            
          is of the opinion that only 15 lots could be developed on the               
          land.  Mr. Lipman opined that 12 lots could be developed on the             
          land, but stated that the effective lot yield of the land is                
          13 lots (including the lot underlying the improvement).                     
               In determining both the highest and best use of a parcel of            
          land and the fair market value of the parcel resulting from such            
          use, the use of the parcel in conjunction with other parcels may            

          6(...continued)                                                             
          petitioners' retention of rights with respect to the lot                    
          underlying the improvements would properly be reflected in the              
          after value of the land.                                                    





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