S.K. Johnston, III and Julie N. Boyle f.k.a. Julie N. Johnston, et al. - Page 44

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            the highest and most profitable use for which the property is                             
            adaptable and needed or likely to be needed in the reasonably                             
            near future.  Olson v. United States, 292 U.S. 246, 255-256                               
            (1934).                                                                                   
                  The value of the property after the donation must also                              
            reflect its highest and best use.  Accordingly, consideration of                          
            any new restrictions the easement places on the property must be                          
            taken into account.  Losch v. Commissioner, T.C. Memo. 1988-230.                          
                  To establish the fair market value of the easement, each                            
            party offered the report and testimony of an expert witness:                              
            Wheeler, for petitioners, and Boyett, for respondent.                                     
                  At the outset, we note that petitioners' expert had                                 
            extensive experience appraising conservation easements.  In fact,                         
            since 1982, Wheeler has appraised more than 100 conservation                              
            easements, and spent close to 70 percent of his time appraising                           
            conservation easements primarily in Montana and Wyoming.  In                              
            contrast, Boyett, respondents' expert has never evaluated the                             
            effect of a conservation easement on property.  Any real estate                           
            appraisal experience he has is primarily limited to the                                   
            southeast.                                                                                
                  In determining the value of the easement, Wheeler concluded                         
            that the most profitable before use was primarily rural                                   
            development and recreational use, in connection with                                      
            agriculture, either in parcels or as a whole.  Accordingly, he                            
            concluded that the easement had a fair market value at the time                           



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