- 49 - 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 mostPage: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
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