- 28 - parcels with the most difficult problems. It is our opinion that the appropriate estimate of market value for each of these parcels is $750 per acre. Because of its marginal utility, it is our opinion that * * * [parcel 10–the Pit] is of less value per acre than the lowest priced sales. It is our opinion that the only possible market for the parcel is a neighboring land owner. Since the parcel would add little or no utility to the neighboring parcel, its value is accordingly nominal. Respondent criticized Mr. Gilman's failure to specify in his report whether an adjustment was made to comparable properties located in an agricultural preserve. Mr. Gilman's report does not indicate whether the comparable properties were in agricultural preserves; however, if they were not, a positive adjustment would have been required because a hypothetical willing buyer would likely prefer the absence of such a contractual restriction. If the comparable properties were located in agricultural preserves, no adjustment would have been required. Thus, we agree with petitioner that the lack of adjustment, if any had been required, would have tended to result in an overvaluation of decedent's property interests. After determining that the value of a fee simple interest was $750 per acre for the Nipomo ranch properties and $1,000 per acre for the Machado Ranch, Mr. Gilman proceeded to calculate the value of decedent's partial interests in the properties. He examined six sales of partial interests and determined the partial interest discount for each comparable sale. ComparingPage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
Last modified: May 25, 2011