- 13 - With respect to the 1.25-acre strip of land above water, petitioners’ expert estimated the size of the strip based on a visit to the Canal and examination of tax assessor maps. He valued the strip of land as follows: He measured the total waterfront footage of all lots on the Canal at 3,650 feet. He then summed the total sales prices of all the lots between March 1975 and December 10, 1990, which produced a figure of $368,900. He then divided the latter by the former to establish an average cost per waterfront foot of $101.07. He then discounted this number by 85 percent, producing a value of $15.16 per waterfront foot, or $55,334 for the strip (3,650 feet x $15.16). The value of the Canal, therefore, under petitioners’ expert’s computations, was the sum of the value of the piers ($7,800), the value of the land under water ($9,625), and the value of the strip of land above water ($55,334), for a total of $72,759, which he rounded down to $72,500. C. Court’s Analysis Valuing this parcel of property was no doubt a challenge for both experts in this case, given its highly unusual, if not unique, characteristics. Nonetheless, the Court’s review of both experts’ theories reveals that they cannot hold water. We start with the use of ponds as comparables. Although we appreciate the dilemma faced by the experts, we do not accept the premise that a pond is comparable to the Canal. The owner of aPage: 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