S.K. Johnston, III and Julie N. Boyle f.k.a. Julie N. Johnston, et al. - Page 49

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            Boyett concluded that the property had no future development                              
            potential, especially given that rural development indeed exists                          
            in close proximity to the property at issue.  Thus, based on the                          
            entire record, we agree with petitioners that the highest and                             
            best before value use of the property was rural development, with                         
            recreational and agricultural use as secondary.                                           
                  We next turn to the issue of the property's value after the                         
            granting of the easement.  At trial, petitioners' expert                                  
            testified that by prohibiting development and subdivision, the                            
            conservation easement prevents the property from attaining its                            
            highest and best use.  He concluded that the property, in effect,                         
            is reduced to an agricultural-recreational unit, and the other                            
            restrictions of the easement limit the agricultural use to 25                             
            percent of its potential.  Wheeler, relying on data provided by                           
            the Soil Conservation Service, specifically relating to the                               
            carrying capacity of the property at issue demonstrated that the                          
            livestock grazing of such property was 1,400 AUM's per year.  The                         
            easement restricts grazing to 300 AUM's per year.  Thus, Wheeler                          
            concluded that this greater than 75-percent restriction on                                
            grazing contributes to the diminution in value caused by the                              
            easement, because it narrows the market of potential buyers                               
            further than if the easement had only prohibited development.                             
            Moreover, at trial, Wheeler credibly testified that the                                   
            conservation easement in the instant case was one of the most                             





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