Estate of Nora Kolczynski, Deceased, Matthew Hoffmeier, Executor - Page 17

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               We begin by noting that Mr. O’Rear’s rebuttal report states:           
          “The current use is as a timberland/hunting plantation; and this            
          is the highest and best use of the property.”  At trial, Mr.                
          O’Rear explained that the best way to measure both uses was to              
          value DP as timberland since, until decedent’s death, that was              
          its sole profitable activity.  Given this apparent discrepancy,             
          we give little weight to Mr. O’Rear’s testimony on the highest              
          and best use for DP.                                                        
               As stated previously, we focus on “The highest and most                
          profitable use for which the property is adaptable and needed or            
          likely to be needed in the reasonably near future.”  Olson v.               
          United States, 292 U.S. at 255-256 (emphasis added).  Real                  
          property may be adaptable for multiple uses that are profitable             
          in the reasonably near future.  One such use may include leaving            
          land in its natural and pristine state when considering the                 
          supply and demand for similar land.                                         
               ACE Basin is an exceptional ecosystem with many potential              
          recreational uses, and property in ACE Basin is often purchased             
          for those purposes.  ACE Basin’s attributes include diversified             
          wildlife, open fields, and standing timber.  Decedent used the              
          land for recreational purposes such as hunting and horseback                
          riding.  DP’s standing timber was cut only to assist in covering            
          the expenses of maintaining the property.  There are no zoning or           
          use restrictions to limit DP’s uses, but the record is devoid of            






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