- 21 - these adjustments, Mr. Talmage examined the size of the comparable interests, lack of a market for the interests, special circumstances surrounding their sale, and whether there was a forced sale. 2. Ms. Simons’ Report Ms. Simons based her fractional interest discount on the costs to partition the properties. Ms. Simons recognized that there are three methods to partition property in California: (1) Physical division; (2) sale of property and division of proceeds; and (3) partition by appraisal. See Cal. Civ. Proc. Code secs. 873.210, 873.510, 873.910 (West 1980). Ms. Simons determined 1359 Bay could be physically divided in 6 months at a cost of $20,000. Ms. Simons determined the fair market value of the interest, deducted the partition costs, and accounted for the delay associated with the physical division of the property using a discounted cash-flow analysis assuming a 6.5-percent discount rate. Ms. Simons determined 101 Capra and 3737 Fillmore would require a partition sale and division of the proceeds. Ms. Simons determined that the partition sales would be relatively simple, cost $20,000 each, and would take approximately 6 months to complete. Ms. Simons assumed these properties would be listed in the ninth month and sold in the twelfth month under her blockage discount model and applied the blockage discount modelPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011