William N. Kellahan, Jr. and Alice H. Kellahan - Page 15




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          are comparable.  In any event, the failure of either expert to              
          address this issue renders their conclusions unreliable to the              
          extent they involve pond comparables.                                       
               We believe there are additional substantial flaws in                   
          petitioners’ expert’s report.  First, petitioners’ expert decided           
          to include an estimated value of $7,800 for several piers                   
          constructed by the lot owners and extending from their lots into            
          the water of the Canal.  An obvious premise underlying this                 
          position is that the Canal owner owned the piers.  Yet neither              
          the expert nor petitioners on brief offer any support for that              
          legal conclusion or, indeed, even discuss it.  In his report,               
          petitioners’ expert notes that he obtained the value he used for            
          the piers from the tax assessor’s office, which at least suggests           
          that for local property tax purposes the piers were not                     
          considered to be part of the Canal parcel.7  There is certainly             
          support for the contrary conclusion; namely, that the piers were            
          the property of the lot owners.  See, e.g., Sea Cabin On the                
          Ocean IV Homeowners Association v. City of North Myrtle Beach,              
          828 F. Supp. 1241 (D.S.C. 1993) (pier held to be an appurtenance            
          to the real property located above the mean high water mark).  In           
          any event, on this record, petitioners have failed to show that             


               7 The tax-assessed value attributed to the Canal by the                
          Clarendon County Assessor in October 1988 was $1,000, whereas the           
          value placed on the 12 piers was approximately $650 each,                   
          according to petitioners’ expert.                                           




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