S.K. Johnston, III and Julie N. Boyle f.k.a. Julie N. Johnston, et al. - Page 50

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            restrictive he had seen in his more than 13 years of experience                           
            appraising conservation easements.                                                        
                  Due to the absence of sales of easement encumbered property                         
            in the immediate area to determine the after value of the                                 
            property, Wheeler examined sales data of easement-encumbered                              
            properties in other similar locales.  At the time of valuing the                          
            easement at issue, Wheeler had tracked the sales of easement                              
            encumbered properties in Wyoming and Montana for over 10 years                            
            and had developed a database of 13 such sales.  Wheeler analyzed                          
            each of these sales individually to determine the values                                  
            associated with the sale, the market conditions at the time of                            
            sale, and the easement restrictions placed on the property sold.                          
            This information was not available through public records because                         
            both Montana and Wyoming are nondisclosure States.  Wheeler                               
            testified that the goal in analyzing these sales was not to                               
            derive a specific per-acre value, but rather to determine the                             
            percentage diminution in value due to the conservation easement.                          
                  Wheeler credibly testified that the local sales suggested                           
            losses due to the conservation easements of between 30 to 60                              
            percent.  The percentage diminutions vary directly with the scope                         
            and amount of restrictions placed on the property; the more                               
            severe the restrictions, the greater the percentage diminution.                           
            Wheeler further testified that conservation easements cause                               
            reductions in value in direct relation to the amount and type of                          
            restrictions placed on the property.  The evidence Wheeler                                



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