- 14 - 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).Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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