I have a client that owns several acres of property in Easton, CT. An adjoining neighbor clearcut and bulldozed approximately .25 - .5 acre of woods, supposedly by accident. My client wants to know what the highest and best use (value) of this land is, so she can negotiate a settlement. Can anyone help? I can be contacted at 203-374-9380 or by e-mail. Thank you very much! Mike

Reply to post by Mike Nadeau, on September 30, 1999 at 13:56:07:

Mike, we mostly discussed this, but I'll clarify a little. HBU and value are not the same thing. Estimates of market value often presume HBU, and so use will influence value but they are not the same thing. HBU is well defined, by the way in an earlier thread.

If the client thinks she needs HBU then a legally qualified real estate appraiser in CT will need to make that determination if it's going to court. Since you indicate she has already retained one, HBU should be identified in the appraisal.

If the site is zoned and improved as residential land in a suburban rather than rural or agricultural setting it's a pretty safe bet that is the HBU, which is indeed a higher value use than forest or watershed land. You'll need to know if the land is "prime site" or necessary for legally permissable (one of the characteristics of HBU)residential use. If it is it's use goes with the residence. If not, it may be excess land essentially forest.

The more important issue may be that HBU may be less important, at least logically or in equity, than current use or impact on the residence.