- 92 - 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."Page: Previous 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 Next
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