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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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