- 50 - 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 WheelerPage: 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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