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_ support beams. No similar damage occurrdd to the bunkhouse.:.,:{:-~.. •: : <br /> located on the property. T.hc bunkhouse is~of s~milnr <br /> construction as the dwelling, but is'located`tziuch faither away k~ ` <br /> ,• , <br />litiiu any ituueworkmgs ~ ,,; .> , ~ ,' , ..:~ ~r s'' , <br />.' S <br />_... Coal mme i~vorkings nearest the Tatum residence (1~`Noxth).' Th `~; <br /> , :. <br />was characterized iri .llie testi~nvny by a nnine foreman and mine <br />: <br /> <br />- " _ <br />. <br />inspector as very wet with the need <br />for constant pum In +of.. <br />r <br />P g - : <br /> , <br />_ <br />. <br />water. The floor of this mine was suupy;'soft; and cuuiuiiiiusly <br /> heaving. The walls were flakey causing wider than normal <br />- mining operations in order to shore up and streingtheri walls. <br /> The wet, soft floor and difficult conditions of mining in this <br /> .area were unlike other areas of the mine. Monitors on the ' <br /> 1 <br />;railroad. over the mine working showed ground movement. - <br /> Separatian ofthe ballast trom the ties in the railroadaracks also <br />_ - occurred in the summer of 2001, as well as two breaks in a `.". ___ _ <br /> <br />_._._.. __.. <br />g first north mine ..._--- _-~ ... <br />water line between the Tatum dwellia and the <br /> workings. ~ . <br />9: Subsidence to the Tatum dwelling is material and quite severe;-: ~ --. ,-^ <br /> Their property and dweling have been substantially and <br />._...--- <br /> <br />_ .... <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 />10. Determining the fair market value of the Tatum residence has <br /> presented a diffculttask. In December 1997, hiaCourt <br /> determined the fair market value of the reside ce to'be _:.;-. - <br /> $350,000.00. The current fair market value, ~thout the effect.... . <br /> and condition of subsidence, is $850,000. The curreut_fair , <br /> market value of the property with the condition of subsidence <br /> and the prc~.~ect of further subsidence is $180,000.00. The <br /> Tatums tried to sell the property for $1.5 million just before the <br /> second incident of subsidence occurred, with no success, and <br /> Ann Tatum testified that is the value she placed on the property <br /> when listed in August of 2002_ The loss nr diminution of value <br /> suffered by the Plaintiffs in dais case is therefore $670,000. <br />11. 'The testimony of Mr. Stroh and Mr. Floyd'was not scientific <br /> evidence requiring a special finding as to the reliability of their <br /> testimony. Peovlc v. Shreck, 22 P.3d b8 (Colo. 2001). <br />I <br />60 3~Jtld Wflltil WIP 65Z09h86TG 00~5T L00Z/6L/E0 <br />