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1995 Interior Dec. (IBLA) 379 (1995)

handle is hein.amindian/ibla1995 and id is 1 raw text is: OROVILLE-WYANDOTIE IRRIGATION DISTRICT

IBLA 91-203                                            Decided January 9, 1995
Appeal fom a decision of the Area Manager, Redding, California, Resolure Area, Burau of Land Management,
establishing fair market rental value by appmisal and requiring payment of accrued rent for communication site right-of-way
CA-19870.
Affirmed as modified.
1.     Appraisals-Communication Sites-Federal Land Policy and Management Act of
1976: Rights-of-Way--Rights-of-Way: Appraisals
Genemlly, the poper appmisal method for detemining the fair market rental value of
nonlinear rights-of-way, including communication sites, is the comparable lease
method of appraisal. An appmisal of fair market rental value for a communication
site right-of-way will be affirmed on appeal if an appellant fais to show error in the
appmisal methods used or fails to show by a preponderance of the evidence that the
charges are in excess of the fair market rental value.
2.     Appraisals-Communication Sites-Federal Land Policy and Management Act of
1976: Rights-of-Way--Rights-of-Way: Appraisals
Where an appraisal is undertaken for the purpose of detemining the initial rental for
a communication site right-of-way which has already issued, the fair market value
must be calculated as of the date of the issuance of the right-of-way and not as of the
date of the appmisal.
APPEARANCES: Steven C. Onken, Power Superintendent Oroville-Wyandotte Irrigation District for appellant
OPINION BY ADMINISTRATIVE JUDGE BURSKI
Ooville-Wyandotte Irrigation District (OWID) has appealed fiom the decision ofthe Redding Resolue Area
Manager, Bureau of Land Management (BLM), dated February 6, 1991, establishing the initial rental mte for
communication site tight-of-way CA-19870, located on Monte de Oo in Butte County, at $2,800 per year.
131 IBLA 379

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