M.I.C. Limited - Page 14

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          United States, 658 F.2d 999, 1005-1006 (5th Cir. 1981); Estate of           
          Newhouse v. Commissioner, 94 T.C. 193, 218 (1990).                          
               Fair market value is determined as of the valuation date,2             
          and no knowledge of unforeseeable future events that may affect             
          the value is imputed to the hypothetical persons.  See, e.g.,               
          Estate of Newhouse v. Commissioner, supra at 218.  Fair market              
          value equals the highest and best use of the property on the                
          valuation date.  Fair market value takes into account special               
          uses that are realistically available due to the property's                 
          adaptability to a particular business.  Mitchell v. United                  
          States, 267 U.S. 341, 344-345 (1925); Stanley Works v.                      
          Commissioner, 87 T.C. 389, 400 (1986).  Fair market value is not            
          necessarily affected by whether the owner has actually put the              
          property to its highest and best use.  The reasonable and                   
          objectively possible uses for the property control the valuation            
          thereof.  United States v. Meadow Brook Club, 259 F.2d 41, 45               
          (2d Cir. 1958); Stanley Works v. Commissioner, supra at 400.                



               2 The parties have not set forth their positions concerning            
          the date as of which the Court should value the Property.  We               
          value the Property as of Feb. 14, 1989; i.e., when the                      
          commissioners filed their award with the State court.  As stated            
          by the Minnesota Supreme Court, a condemnee is entitled to                  
          compensation equal to the "damages assessed as of the date the              
          commissioners file their award and with respect to the value and            
          condition of the property at that time."  Iowa Elec. Light &                
          Power Co. v. Fairmount, 67 N.W.2d 41, 46 (Minn. 1954); see also             
          In the Matter of Branch A-38, JT Ditch No. 204  v. County of                
          Martin, 406 N.W.2d 524, 525 (Minn. 1987); St. Louis Park v. Almor           
          Co., 313 N.W.2d 606, 609-610 (Minn. 1981).                                  




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