- 18 - (6) It has been Mr. Steele’s experience that unexpected expenses occur in connection with perfecting sole ownership or control. It has been his experience that unanticipated legal problems may arise. (7) The buyer of an undivided interest must have financial “staying power” and be able to buy the entire property at any partition sale because of the possibility of underbidding of amounts that would be proportionately less than the cost of the undivided interest. Mr. Steele considers the following factors in determining the amount of discount that should be applied in the purchase of a fractional interest: Fair market value of 100-percent ownership; percentage available for sale; total number of owners; “staying power” of existing owners; property location; number of tracts; number of acres; ability to influence property management by the buyer of a fractional interest; continuity of the tracts; access to the property(ies); topography (including wetland classifications); and mineral value, either in or out of production. Using his knowledge and experience, he opined in his written report that the discount for the fractional interests under consideration should be at least 55 percent. During his trial testimony, Mr. Steele concluded that he would discount the fractional interests in question by 90 percent on the basis ofPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011