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Condemnation
appraisal
It's
not just a good idea -- and it's not just the law -- it's your
constitutional right that if the government wants to condemn your
property, or take it from you by means of "eminent domain," it
must give you "just" compensation. That's where we come in.
The government is likely to have its own idea of "just"
compensation, maybe based on a professional appraisal.
But an appraisal on your behalf, performed under the standards of
the Uniform Standards of Professional Appraisal Practice (USPAP), is
powerful -- and useful -- evidence of what you're entitled to, and
protects your rights.
It
works the other way, too. We
perform work for government clients needing to offer and provide
"just" compensation in eminent domain cases. A
USPAP-compliant appraisal is the best way to determine fair market value
of any property.
If
the above makes condemnation appraisals sound simple, that's not the
case. There are many legal
and procedural issues involved in an accurate condemnation appraisal.
A federal condemnation will require a different analysis and report
format than a state or local taking. And
in any event, the jurisdiction proposing to condemn the property is
likely to have its own rules for appraisal that must be followed. It
is important to hire an appraisal firm that has experience and training
in these types of valuations.
An
eminent domain action may reserve certain rights in the property to the
current owner. The
government may petition to take only part of, or a partial interest in,
the property. This requires
the appraiser to value the "larger parcel" -- the currently
undivided, contiguous property -- and the "remainder" of the
property, or rights to use the property, that will be held by the owner
after condemnation and factor that into the overall value of the taken
property. For an added
wrinkle, it will often be necessary for the appraiser to determine his
or her opinion of value on the "remainder" before the taking
and after the development or use prompting the taking, because they are
likely to be very different.
Likewise,
appraisers always consider a property's "highest and best use"
when formulating an opinion of value. For
many condemnation appraisals, it is necessary to consider the highest
and best use of the property before taking and after the development or
use resulting from the taking. Again,
it is important to have a professional appraiser with experience and
training.
Because
an appraiser may often have to testify about his or her condemnation
appraisal, it is important that certain steps in valuation methodology
-- such as selecting and analyzing comparable sales -- be performed more
thoroughly. You rely on your appraiser to know what's necessary, so
again, it's important to select an appraiser/company that has experience
and training.
Here
at
Leeper Appraisal Services
, we are ready and able to perform your condemnation/eminent domain
appraisal. Browse our
website to learn more about our qualifications, expertise and services
offered.
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