Jane Crocker, F.K.A. Jane C. Jacobs, et al. - Page 102

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          organization, would pay to reproduce the Redwood City Fox, which            
          derives a great deal of its appeal from the fact that it was                
          built in 1928 and reflects the architectural charm of that era.             
          Consistent with this, Jacobs' expert, Reynolds, testified that              
          "one wouldn't replicate this theater, because it wouldn't be                
          historic if it were replicated."  Moreover, in light of the many            
          historically distinctive features, it is doubtful that a building           
          such as the Redwood City Fox could be constructed today.  Indeed,           
          Jacobs testified that he would not replicate the property:                  
               The Fox Theater, to me, if I had to -- and I've built                  
               forty-five concrete buildings before in my time.  If I                 
               had to take the contract to replicate the Fox Theater                  
               from scratch, I wouldn't take it for $10 million.  I                   
               think it would be a very difficult thing to build,                     
               rebuild for that price.                                                
               After considering the evidence presented and the arguments             
          of the parties, we find that petitioners have not proven the                
          requisite probative correlation between the reproduction cost of            
          the Redwood City Fox and its fair market value.46  Accordingly,             
          we confine ourselves to an examination of the expert valuations             
          utilizing the comparable sales method, as well as the income                
          capitalization method for the retail/office component.                      
               While we do not consider the replacement cost of the Redwood           
          City Fox to be indicative of its fair market value, after                   
          comparing the substance and reasoning of each appraisal report,             

               46 Both petitioners recognize that the replacement cost                
          approach to valuation is not favored.  On brief, Jacobs stated              
          that "[t]here is no question that there exists a preference for             
          the market data approach."  Crocker also stated on brief that the           
          "comparable sales method is the preferred method."                          


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