Jane Crocker, F.K.A. Jane C. Jacobs, et al. - Page 97

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          theater component of the Redwood City Fox.  Conversely, the                 
          parties agree, and we find, that the income capitalization                  
          approach is an appropriate method to value the retail/office                
          component of the property.                                                  
               Finally, consistent with our findings regarding the highest            
          and best use of the property and the nonincome producing nature             
          of the theater, we agree with the appraisers that the willing               
          purchaser for the Redwood City Fox would be a public or private             
          nonprofit entity that intends to use the property as it was on              
          the date of donation.                                                       
               We now turn to the parties' dispute regarding the validity             
          of the replacement cost approach with respect to valuing the                
          Redwood City Fox.                                                           
               Jacobs contends that the property should be valued primarily           
          by use of the replacement cost method, with secondary                       
          consideration given to the comparable sales approach.  He submits           
          that the comparable sales approach to fair market value alone is            
          not reliable where "there is a limited market and limited                   
          comparable sales, where there is special purpose property and               
          where preservation is the highest and best use."  Because the               
          Redwood City Fox is "unique and of a significant historical                 
          importance to the Redwood City community" and because "there are            
          only two possible comparables, i.e., the Stanford Theatre and the           
          San Jose Fox", Jacobs argues that the replacement cost approach,            
          supported by the comparable sales approach, is the proper method            
          of valuation.                                                               



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