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submitted at trial shows that nationwide, the diminutions in
value associated with easements prohibiting development and
natural resource uses ranged from 64 percent to 90 percent, with
an average of 77 percent. Easements prohibiting development, but
allowing resource uses such as timber harvesting ranged from 21
percent to 81 percent, with an average loss of 53 percent.
Finally, easements allowing development ranged from 5 percent to
39 percent, with an average loss of 22 percent. Wheeler
determined, based on the prohibited development of the property
at issue, that the easement would be included in the second
category, suggesting a minimum average rate of diminution of 53
percent. The most comparable local easement suggested a
diminution rate of 59 percent, which, like the easement in the
case at bar, was a restrictive development easement that
controlled timber and mineral use and reduced livestock grazing
by 66 percent. Based on the range of 53 percent to 59 percent,
Wheeler concluded that a 55 percent rate of diminution adequately
reflected the effect of the easement of the appraised property.
Thus, based on the established value of $2,057,160 and the 55-
percent rate of diminution in value attributable to the
conservation easement, Wheeler concluded that the after value of
the property was $925,722. Accordingly, he subtracted the after
value from the $2,057,160 before value to get $1,131,438 as the
value of the conservation easement.
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