Which of the following is NOT a test for Highest and Best Use?

The concept of Highest and Best Use is critical in real estate appraisal, as it determines the most profitable, legally permissible, and feasible use of a property that is physically possible. The criteria for Highest and Best Use include that the use must be legally permissible, meaning it must comply with zoning laws and regulations; financially feasible, indicating that the proposed use should generate enough income or value to justify the investment; and must generate income or provide other economic benefits.

The choice regarding whether an investment should be taxable does not factor into the determination of Highest and Best Use. Tax status is not a criterion for evaluating potential uses of a property. Rather, the focus is on the physical, legal, and economic attributes of the property and the uses that would make it the most valuable in the marketplace. Thus, the idea that a use must be taxable is not aligned with the core principles of what constitutes Highest and Best Use, making it the correct response to the question.