- 23 - 3. Final Determination of MLR Easement's Fair Market Value a. Diminution in Petitioner's Property's Market Value Recognizing that the MLR easement interferes not only with petitioner's right to subdivide her land but also with numerous other rights, this Court believes that it is appropriate to use the comparable sales from the experts' opinions to approximate the total loss in value of petitioner's property attributable to the MLR easement. As discussed above, five sales from the experts' opinions are comparable to petitioner's property. Four of these sales come from Wheeler's 1998 report, and one sale comes from Hoeger's report. These comparable sales demonstrate that diminution percentages of 50, 35, 40,11 35, and 0 are associated with the grant of a conservation easement. Accordingly, this Court holds that the diminution in petitioner's property in the after- easement analysis was 32 percent, the average of these five comparable sales. b. Section 170 Limitation on Petitioner's Deduction Applying the 32-percent diminution rate to the stipulated "before" fair market value of petitioner's property results in 11A table in Wheeler's 1998 report describes sale 61 as having a 45-percent diminution; however, in his 1993 report, Wheeler states that the same sale has a 40-percent diminution. On the basis of a review of Wheeler's analysis of sale 61 in his 1993 and 1998 reports, we find that sale 61 has a 40-percent diminution.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011