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A site could support three legally permissible and physically possible uses, all financially feasible. What decides among them?

Correct Answer

D) The use producing the greatest land value

Why this is correct: The fourth and final test in highest and best use analysis is 'maximum productivity.' For a vacant site, this means identifying the use that yields the highest residual land value—the value remaining after accounting for all costs of development and a reasonable profit for the entrepreneur. Why the other choices are wrong: 'The use the current owner intends to pursue' is wrong; HBU is an objective market test, not subjective intent. 'The use requiring the smallest capital outlay' is incorrect; the most profitable use may require a larger investment. 'The use most common in the surrounding area' is wrong; prevalence is evidence for financial feasibility, but the decisive test is maximum productivity. Exam tip: Remember the four tests in order: legally permissible, physically possible, financially feasible, maximally productive.

Answer Options
A
The use the current owner intends to pursue
B
The use requiring the smallest capital outlay
C
The use most common in the surrounding area
D
The use producing the greatest land value

Why This Is the Correct Answer

Why this is correct: The fourth and final test in highest and best use analysis is 'maximum productivity.' For a vacant site, this means identifying the use that yields the highest residual land value—the value remaining after accounting for all costs of development and a reasonable profit for the entrepreneur. Why the other choices are wrong: 'The use the current owner intends to pursue' is wrong; HBU is an objective market test, not subjective intent. 'The use requiring the smallest capital outlay' is incorrect; the most profitable use may require a larger investment. 'The use most common in the surrounding area' is wrong; prevalence is evidence for financial feasibility, but the decisive test is maximum productivity. Exam tip: Remember the four tests in order: legally permissible, physically possible, financially feasible, maximally productive.

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