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I)_lSY :~U~4;. 145:.._ ~.... <br />_ _. .. <br /> <br />8. <br />9 <br />l 0. <br />1.1. . <br />12- 2 13::3']FM :'i'H I I:U JUU 1 l.' I AL U 15 <br /> <br />support beams. 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" North) <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 floor of this mine was soupy, soli, and continuously <br />heaving. The walls were ilakey 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 />arca~were unlike other areas of the mine. Monitors on the <br />railroad over the mine working showed ground movement. <br />Separation of the ballast from the ties in the railroad tracks also <br />occurred in the summer of 2007. as well as two breaks in a <br />water Iine between the T arum dweJIing and the first north mine <br />workings. <br />Subsidence to the Tatum dwelling is material and quite severe. <br />Their property and dwelling have been substantially and <br />materially damaged and reduced in value. The threat of <br />continued subsidence is obvious and makes the eurrcnt <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 1997, this Court <br />determined the fair market value of the residence to be <br />$350,000.00. The current fair market value, without the effect <br />and condition of subsidence is $850,000. T'he current fair <br />market value of the property with thg condition of subsidence <br />and the prospect 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 na success, and <br />Ann Tatum testified that is the value she placed on the property <br />when listed in August of 2002. The loss or diminution of value <br />suffered by the Plaintiffs in this case is therefore 5670,000. <br />The testimony of Mr Stroh and Mi. Floyd was not sciearific <br />t~idence cguriing a special,finding as to the reliability of their <br />tesiirrinny.- Peorole v. Shreck, 22 P.3d 68 Colo. 2001): <br />