- 53 -
rely on Boyett's calculations, we would have to reject the site
specific data provided by the Soil Conservation Service that the
AUM capacity was 1,400 AUM's per year. We are not prepared to do
this. Finally, based on the data submitted by petitioners at
trial, we find that a 55-percent diminution factor is a
conservative diminution estimate.
Thus, based on the entire record, we hold that $1,131,438
was the fair market value of the conservation easement
encumbering the Flying H Ranch donated by petitioners to the
Nature Conservancy during 1989.
To reflect the foregoing,
Decisions will be entered
for petitioners.
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