Katherine Strasburg - Page 23




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               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.                                                                 





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