Wolff , 341 F.2d at 946 n.3; see United States v. 62.50 Acres of Land in Jefferson Par. , 953 F.2d 886, 890 (5th Cir. 1992) (“If regulatory contingencies mean that a buyer would consider the use insignificant in deciding how much to pay for the property, the use does not contribute to the property’s market value.”); United States v. 8,968.06 Acres of Land in Chambers & Liberty Ctys. , 326 F. Supp. 546, 548 (S.D. Tex. 1971) (requiring proponent of prospective use requiring permit to “demonstrate that a willing buyer and seller would have regarded the issuance of the permit as reasonably probable”).