Estate of Rebecca A. Wineman - Page 28




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               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.  Comparing              





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