- 15 - 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.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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