- 35 - Irrespective of their position at trial, we must consider the reasonableness of petitioners’ position based upon their position at the time the return was filed. Petroff’s appraisal report does contain the premise that the floodplain could have been developed in the absence of the easement, and it was this report that petitioners relied upon and presented to respondent to support their contribution. Although the report does not contain the express statement that the entire 29 plus acres could have been developed in the absence of the easement or that the conservation easement was placed on the floodplain, it can be readily inferred from Petroff’s report that he assumed these to be facts. Petroff’s report contains the statement that the “by-right” subdivision plan allowed 62 lots to be built on the total 29.2722 acres, a development that we can infer Petroff believed was permitted under the R-2 classification. The report also contains the statement that the conservation easement was “donated on a 15.0418 acre portion of the 29.2722 acre” Grist Mill property, which is the same acreage as the existing floodplain. The report further notes that this constitutes 51.4 percent of the Grist Mill property, representing 32 lots. It also refers to the entire 29.2722 acres of the Grist Mill property before the easement, the 15.0418 acres of the conservation easement, and then the “Area of Remainder after Conservation Easement” ofPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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