S.K. Johnston, III and Julie N. Boyle f.k.a. Julie N. Johnston, et al. - Page 39

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            three cabins already existing on the property.  The easement also                         
            gives petitioner the right to construct one additional cabin on                           
            the property not to exceed a height of 20 feet and area of 1,500                          
            square feet on each floor.                                                                
                  The upper area of Flying H, which incorporates the easement,                        
            is utilized by the ranch for summer livestock grazing.  Cattle                            
            are moved up onto the easement, as well as onto adjoining                                 
            national forest lands, over which Flying H controls grazing                               
            rights.  The easement, however, places numerous restrictions on                           
            petitioners' right to use the property.  Development of the                               
            property by subdivision is completely prohibited, as are all                              
            residential, commercial, or industrial uses.  Oil and mineral                             
            exploration and extraction are prohibited.  Agricultural use is                           
            severely limited; no crops can be grown, and no timber can be                             
            harvested.  Livestock grazing is restricted to 300 Animal Unit                            
            Months12 (AUM's) per year.  In addition, the easement gives the                           
            Conservancy several possessory rights, such as the right to enter                         
            the property, to cut and remove vegetation, and to conduct                                
            prescribed burns.                                                                         
                  Norman C. Wheeler (Petitioner's Expert)                                             
                  Norman C. Wheeler (Wheeler) is the owner of Norman C.                               
            Wheeler & Associates, a 35-year-old agricultural management and                           
            consulting firm with offices throughout Montana.  He is a                                 

            12    An animal unit month, or AUM is the amount of forage that                           
            one 1,000 pound cow will consume with a calf at its side that has                         
            not been weaned.                                                                          



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