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Burdensome easement?

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but a bunch of very senior appraisers seize upon this sophistry and make it acceptable
If you accept them as seniors instead of sophists, yes. That's where the cost approach came from. :)

I have to confess never running across corridor theory. Your precis sounds like a reasonable idea - if you ignore parcel size and HBU. Let's just call the whole thing $2 per square foot and declare victory!
 
Steven,

If you do a search of the Lum library on corridor valuation, you should only come up with 60 or 70 articles. Maybe you have a different terminology to use???? Exxon Pipeline Company vs Zwahr takes into consideration both site size and HBU. :shrug:

I'm here to learn, so if ya got something more than $2 and calling it square I really would like your educated opinion from whichever side you'd like to take.:)
 
Chris,
WRT maintenance, usually the servient estate is tasked with mowing, debris removal, etc. What I was referring to is the fact that at some point, that pipe may leak, break or otherwise need to be dug up. The easement should allow for that, and should require the digger to repair the damage to the land rather than leaving a colossal mudhole full of backhoe tracks.

Be careful with corridor valuation theory, since you're valuing the damage to the servient estate, not the corridor. Search Lum for pipelines; I think there's an article that deals with a freshwater pipeline crossing someone's land, and it discusses theoretically expanding the tract to a marketable size, and using the unit market value of the theoretically expanded tract as the basis for valuing the easement. Again, though, you're not valuing an easement, so be careful. The "back door support" idea you had is the way I'd use it.

Steve Santora's right though. Both of these theories are pure sophistry. You can't get a true market value using either one of them, and they do ignore parcel size and HBU, at least in the abstract. The latter theory (theoretical expansion) simply plays "let's pretend." So it does recognize HBU and parcel size and geometry as market factors, but blithely ignores them without so much as a stated hypothetical condition. And that the courts have allowed the use of these theories does not, IMO, make them valid; just something you can get away with by appeal to authority.

What I was talking about WRT lot size: Is there a premium for larger lots in that S/D? Is there a penalty for smaller lots? Let's say the lot size is 100 x 119, with the last 19' take by the easement. Are there any 100 x 100 lots in the S/D? Do they sell for less than the 100 x 120 lots? If not, then you may not be able to demonstrate damage at all, especially if you add in the additional surface rights gained in the last 19', and subtract the routine mowing/maintenance that the HO would do anyway. Basically, if the buyers aren't paying a significant lot premium for that last 1900 sf of lot, then your buyer really hasn't lost anything.

But the counterargument is going to be that he bought a bigger lot on purpose, and now discovers that he's lost part of it. So what has been lost? He can fence it if he installs gates or removable panels across the easement. He can use it for recreation, doggie rest room, additional privacy buffer, or any other nonpermanent use. He can't dig in it or build a permanent structure on it. But he can put a skid-mounted portable building on it (unless prohibited by CC&R's). He'd mow it whether the easement was there or not, so I wouldn't count that as a burden.

Just how is this easement interfering with his quiet enjoyment? It offers no substantial hazard unless there's a helluva hydrostatic head in the line (900 psi or so.) BTW, what's the rear yard setback in that S/D? In some of my areas, R-1 zoning requires a 30' front, 15' side, and 25' rear setback. If the easement is in the setback zone, our hero's surface rights haven't been impaired at all.
 
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Jim,

I understand the servient estate is tasked with mowing, debris removal, etc. and that is part of the burden thrust on the owner. The protection criteria spells out the returning ground surfaces to there specific graded state if repair of the aqueduct is necessary. Accessibility must be 24/7.
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If this were only figuring the difference of a residential lot that was .44 acre with a .34 acre lot, I'd have it done and collected the fee.

And I'd accept a lot more eminent domain assignments with low fees :new_all_coholic:
 
Figure a doller per square foot loss of site value. If he's lost fee simple use of 20% of the square footage then he's due 20% of the site value.
 
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