James D. and Beverly H. Turner - Page 30

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          c.  Conclusion                                                              
               The Senate report on the enactment of the legislation                  
          pertaining to conservation easements contains the following                 
          explanation:                                                                
               [T]he committee believes that provisions allowing                      
               deductions for conservation easements should be                        
               directed at the preservation of unique or otherwise                    
               significant land areas or structures * * * the                         
               committee bill would restrict the qualifying                           
               contributions where there is no assurance that the                     
               public benefit, if any, furthered by the contribution                  
               would be substantial enough to justify the allowance of                
               a deduction.  * * *  [S. Rept. 96-1007, supra at 9-10,                 
               1980-2 C.B. at 603.]                                                   
          With respect to the Grist Mill property, the record does not                
          support a finding that any public benefit would be furthered by             
          petitioners’ claimed13 conservation easement.  We need not decide           
          whether petitioner’s choice not to pursue a rezoning for more               
          intense development was due to:  The realization that the                   
          rezoning would not get approved, his business partner’s desire to           
          quickly sell the property, or a desire to benefit the community.            
          Here there has been no preservation of open space.  Nor have                
          petitioners preserved anything that is historically unique about            
          the Grist Mill property or the surrounding historical areas.                
          Petitioner simply developed the Grist Mill property to its                  
          maximum yield within the property’s zoning classification.                  


               13In effect, petitioner was attempting to self-impose a                
          limitation that was already imposed by the zoning classification            
          and requirements of Fairfax County.                                         





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