Katherine Strasburg - Page 21




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          defect.  We find that Hoeger's sale 8 is relevant to this                   
          analysis.                                                                   
                    Sale 8                                                            
               Sale 8 represented the December 1994 sale for $695,000 of              
          approximately 157 acres located on the west side of Glacier                 
          National Park on the North Fork of the Flathead River in Montana.           
          Hoeger stated that an analysis of this sale by Warren Illi                  
          (Illi), a certified appraiser in Montana, "indicates that the               
          sale price was not adversely affected by the conservation                   
          easement."  Illi testified at trial and was certified as an                 
          expert.  Illi has been an appraiser for more than 30 years and              
          has been involved in the appraisal of "several hundred"                     
          conservation easements.  Copies of Illi's appraisal, containing             
          data related to sale 8, were provided to the Court.                         
               Illi used sale 8 to determine the diminution in value                  
          attributable to a conservation easement's being granted on a                
          different 40-acre piece of property also located in the North               
          Fork of the Flathead River in Montana.  In stating his rationale            
          for including sale 8 in his analysis, Illi provided insight into            
          this case.  Recognizing that sale 8 did not fit the historic                
          trend of diminution of values in Montana, Illi nonetheless stated           
          that the fact that Sale 8 showed no loss in value "is not                   
          surprising."  He went on to explain:                                        
               The Forest Service's aggressive program to buy in fee                  
               or encumber all river front lands with conservation                    





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