- 21 - 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 conservationPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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