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• • • make sense when establishing a cartway over an existing road. Unlike in the typical situation, this land is already expressly dedicated for, and is used as, a roadway. In fact, that is the reason Outlot A was created in the first place. The land is therefore not being connected in the same manner as in a typical road project. The use is not changing at all; it was a road before and still will be if a cartway is established. What is being created, in essence, is a license to access a portion of a private road without any of the restrictions that can accompany a license. This is arguably a lesser impact to the existing rights of the HOA and, consequently, it gives rise to lesser damages than the typical creation of a new right -of -way easement. Thus, even if one only looks at the 16,121 square feet sought by Petitioner, the full sale value of $.50 per square foot (or whatever it ought to be) may be overstated. It is not as if the HOA will lose its use of the road. Rather, they will simply have to share it with another person and his guests. There is a value to that loss of privacy, but it may be less than the full sale value of $.50 per square foot. Improvements The HOA appraiser valued the roadway and bridge at $519,080. The Petitioner only seeks access across the bridge to his property. Adding the bridge value ($273,700) to 12.28% of the roadway, lighting and signage value ($30,133) equals $303,833. This is the estimated total value. As discussed above, these improvements are not being taken in total for this cartway. Rather, the usage of the existing road will simply broaden from the five HOA members to those five plus Petitioner and his guests. It is illogical to assign as damages the total current value of the improvements when the HOA will continue to utilize the improvements in essentially the same manner as before, with the only difference arising out of Petitioner's occasional use. Petitioner is not "taking" the improvements and converting them to his exclusive use. He is simply gaining a legal right to use the existing improvements. That usage is not likely to have a significant impact on the depreciated value of the bridge and road. Severance Damages The HOA appraiser estimated 5 -10% severance damages to the adjoining properties, whichuhe HOA calculates as at least $163,255. The problem- with this argument is that these purported damages are attributed to separate parcels that are not directly involved in this action. These damages have nothing to do with Outlot A on which the cartway is located. The single family home lots owned by the HOA members have not been severed in any respect. Severance damages cannot be attributed to parcels that merely adjoin the parcel at issue. Staff sees no merit to the severance damages argument. Damages — Conclusion The creation of a cartway over an existing private road will adversely affect the value of the road. Even though the anticipated usage of the cartway is minimal, it will nevertheless no longer be a truly private road and will be viewed as a loss to the owners. It is very difficult to put a dollar value on that diminution in value. 5