Katherine Strasburg - Page 15




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          emphasis on this factor in his estimation of the fair market                
          value of the MLR easement.                                                  
               Regardless of the value attributable to development rights             
          associated with RRD property, Wheeler stated numerous times in              
          his 1998 report that the analysis of the MLR easement's fair                
          market value must focus on petitioner's bundle of rights.  While            
          a primary right that petitioner may have given up was development           
          of her property, according to Wheeler, there were other factors             
          in addition to development which lowered the fair market value of           
          petitioner's property in the "after easement" analysis.                     
               In estimating the fair market value of the conservation                
          easement, the parties focused on sales from Wheeler's 1998                  
          report.  Wheeler disclosed in this report that he "has analyzed             
          and is aware of several sales in Montana, Idaho and Wyoming which           
          involved the sale of conservation easement encumbered properties            
          which have not reflected discounts at the time of sale."  He                
          stated further that "These easement properties are located in               
          high end development markets with very limited deeded land bases,           
          and in these areas large parcels are rarely exposed to the                  
          market."  At trial, Wheeler explained that "high end development"           
          means "an area that had high demand for rural development or                
          recreation use."  In other words, Wheeler used that term in 1998            
          to describe properties which were "very popular" recreational               
          homesites.                                                                  






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