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!SY -U: Gi. ASS. _ _ . <br />_ .' I_ _._ _. ..._ <br />. <br />t3. <br />9 <br />l0 <br />_j2- _? 3_97F'NI :~I'MII:U JUUICI PL U15~ _ ., U. Ii. K.5; :H 4 <br />.~ <br />support beatr~s. No similar damage occurred to the bunkhouse <br />located on the property. The bunkhouse is of similar <br />construction as the dwelling, but is located much farther away <br />from any mine workings. <br />Coal mine workings nearest the Tatum residence (1" Nonh) <br />was characterized in the testimony by a nine foreman and mine <br />inspector as very wet with the need for constant pumping of <br />water. The Hoot of this mine was soupy, soft, and continuously <br />heaving. The walls were flakey causing wider than normal <br />mining operations in order to shore up and strengthen Walls. <br />The wet, soft floor and difficult conditions of mining in this <br />area were unlike other areas of the rrune_. Monitors on the <br />railroad over the mine working showed ground movement. <br />Separation of fhe ballast from the ties in the railroad tracks also <br />occurred in the summer of 200] . as well as two breaks in a <br />water line between the Tatum dwelling and the first north mine <br />workings. <br />Subsidence to the Tatum dwelling is material and quite severe. <br />Their properly and dwelling have been substantially and <br />materially damaged and reduced in value. The threat of <br />continued subsidence is obvious and makes the current <br />dwelling unsuitable for sale as a rural residence, its current use. <br />Determining the fair market value of the Tatum residence has <br />presented a difficult task. In December ] 997, this Court <br />determined the fair market value of the residence to be <br />5350,000.00. The current fair market value, without the effect <br />and condition of subsidence is $850,000. T?te current fair <br />market value of the properly with the condition of subsidence <br />and the prospect of further subsidence is 5180,000.00. The <br />Tatums tried to sell the property for 51.5 million just before the <br />second incident of subsidence occurred, with no success, and <br />Ann Tatum testified that is the valve she placed on the property <br />vahen listed in August of 2002. The loss or diminution of value <br />suffered by the Plaintiffs in this case is therefore $670,000. <br />The-ztesfimony of Mr, Stroh and Mr, Fiayd was not scieutifie <br />evidence requiring a special: Ending as to-the reliability of their <br />testimony. People v. Shreck, 221'.3d b8 Colo. 2007 ): <br />