- 29 - operation), revd. on other grounds sub nom. Wyatt v. United States, 221 F.3d 1090 (Fed. Cir. 2001); Cloverport, 6 Cl. Ct. at 200 (5% over Treasury rate; existing operation). 5. Other Factors Moritz raised a parade of improbable specters that might also diminish the value of the property. For example, he included in his report the possibility of the property’s being subject to wetland regulation, cited social pressure as a factor for lowering the value, and noted other regulatory risks that might dampen the appraised value. We take none of these claims seriously. It was well established in the record that property all along the San Jacinto River was being mined for sand and gravel in the late 1990s. 6. Residual Value After the mining operations have ended, the property will have some remaining value, even if it is just a pool of stagnant water surrounded by a fringe of dry land. Ebanks did not address this issue in his report. Moritz came up with a future value of $1,000/acre for the property.15 We accept his figure. 15 Moritz calculated this figure by first using Harris County’s appraisal value of $157,100, which came to $4,600 per acre. He then adapted his comparable-sales approach. Sales #2 and #4 were sold after being depleted of sand and gravel resources; Sale #4 sold at a price 67% less than its original value as vacant floodplain land. In reviewing county records, Moritz saw an appraisal range of between $500 and $1,500 per acre for depleted mining property. By extrapolating the pit-discount figure, Moritz concluded that the subject property could reasonably be expected to fetch $1,000 per acre once the deposits (continued...)Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 NextLast modified: November 10, 2007