- 22 - Petitioner’s Respondent’s “Estate-Planning” Property Appraisal Appraisal (Mr. Harris) (Mr. McIntosh) Watt Avenue $690,000 $674,000 Fee Drive 240,000 225,000 Mother Lode Drive 230,000 60,000 Total 1,160,000 959,000 Mr. McIntosh did not attempt to apply a “capitalization” rate to his estate-planning values in order to justify petitioner’s rental rates because such a high “capitalization” rate could not be supported. Instead, Mr. McIntosh testified that there is no consistent relationship between the value of land and the rental value of land, and that “the use of a hypothetical cap rate * * * can only do one thing, and that’s get you an inaccurate, unrealistic conclusion.” This is because, Mr. McIntosh claims, a tenant will pay more than the fair market rent determined through the application of a “capitalization” rate applied to the fair market value of the property if the tenant can earn a profit at the higher rent. We do not find Mr. McIntosh’s testimony credible in this respect. The fair market value of the land reflects the highest and best use of the property. The “capitalization” rate reflects the rate of return that the owner would require from, and that a tenant would pay to lease, the land. The “capitalization” rate reflects prevailing market interest rates for risk-free investments, together with a risk premium that takes into accountPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
Last modified: May 25, 2011