1010 E.g., Scott Lumber Co. v. United States, 390 F.2d 388, 395-96 (9th Cir. 1968); see also United States v. 320 Acres of Land, 605 F.2d 762, 818-19 & n.128 (5th Cir. 1979) (legal framework affecting uses of property must be taken into account).
1019 Ark. Game & Fish Comm’n v. United States, 133 S. Ct. 511, 518 (2012).1020 Penn Central Transp. Co. v. City of New York, 438 U.S. 104, 124 (1978).
1018 Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 419, 432 (1982) (“[A] permanent physical occupation is a government action of such a unique character that it is a taking without regard to other factors that a court might ordinarily examine.”).1019 Ark. Game & Fish Comm’n v. United States, 133 S. Ct. 511, 518 (2012).
1009 E.g, Ga.-Pac. Corp. v. United States, 640 F.2d 328, 345-46 (Ct. Cl. 1980) (per curiam); 2,175.86 Acres in Hardin & Jefferson, 687 F. Supp. at 1085-87.1010 E.g., Scott Lumber Co. v. United States, 390 F.2d 388, 395-96 (9th Cir. 1968); see also United States v. 320 Acres of Land, 605 F.2d 762, 818-19 & n.
1004 Oldfield, 660 F.2d at 214 (“The fatal flaw in the owners’ . . . method is its lack of demonstrable relationship with this ‘real’ market ”).4 8 4 Timber The sales comparison approach is also typically the most reliable approach to value for properties involving timber. 1005 Appraising property with a potential highest and best use for timber production typically requires special expertise and analysis, including a timber cruise to inventory the timber involved, evaluation of logging conditions, and investigation of potential timber sales. 1006 Such information may be particularly useful as a “check” on the appraiser’s estimate of contributory timber values gleaned from comparable sales and other market data. 1007 But it is never appropriate to simply add…
1005 United States v. 2,175.86 Acres in Hardin & Jefferson Ctys., 687 F. Supp. 1079, 1085-86 (E.D. Tex. 1988), on remand from Kirby Forest Indus., Inc. v.
Foster , 2 Cl. Ct. at 451 (“Although the calculation may be internally consistent, the capitalization of income approach frequently does not produce reasonably persuasive evidence of value.”).
1003 Oldfield, 660 F.2d at 212; see Cementerio Buxeda, Inc. v. Puerto Rico, 196 F.2d 177, 181 (1st Cir. 1952) (allowing consideration of income and expense figures that “are factors which would be considered by a prospective buyer”).1004 Oldfield, 660 F.2d at 214 (“The fatal flaw in the owners’ . . . method is its lack of demonstrable relationship with this ‘real’ market ”).
1006 E.g., United States v. 15.00 Acres of Land in Miss. Cty., 468 F. Supp. 310, 313 & n.6 (E.D. Ark. 1979); 2,175.86 Acres in Hardin & Jefferson, 687 F. Supp. at 1085-86.1007 E.g., 2,175.86 Acres in Hardin & Jefferson, 687 F. Supp. at 1085-87.
See, e.g., United States v. Am. Pumice Co., 404 F.2d 336, 336-37 (9th Cir. 1968) (rejecting assumption that mineral properties could rarely be comparable to one another unless nearly adjacent), modifying in relevant part United States v. 237,500 Acres in Inyo & Kern Ctys., 236 F. Supp. 44, 51 (S.D. Cal. 1964); Whitehurst, 337 F.2d at 775 (finding valuation that ignored or rejected comparable sales evidence in valuing alleged mineral property was “grossly mistaken”); A.K. Stagg, P.G., A.I.M.A., Federal Condemnation and Takings – A Journey Down the Yellow Book Road, to Soc’y of Mining, Metallurgy, & Exploration, Inc. (Denver, Colo., March 1, 2011) (noting “predisposition on the part of many mineral appraisers to believe that the sales comparison approach simply…
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