Archive for April, 2010

An Appraiser’s Take on the Reasons for the Frequency of Lowball Offers

Friday, April 30th, 2010

We came across a paper presented by an appraiser at a CLE International program on eminent domain, a few years ago. Here is an excerpt from it, without comment:

“The most important factor that affects appraisers preparing reports for governmental agencies is that the majority of assignments involve ‘projects’ that have multiple parcels. An example of this type of project is a road widening project that requires the acquisition of right-of-way from several parcels along a particular road. In these multiple parcel projects the initial appraisals are written with time and budget restraints. Appraisers who are hired by government agencies must submit a fee schedule that is competitive with other appraisers who are bidding on the project. The appraisal process and fees are part of the overall budget that the government agency has set in order to complete the project.

It is difficult for appraisers who accept these multiple parcel assignments to spend time and effort in preparing an effective initial report due to the fact that the fee allocated to each parcel reflects a bulk discount and the appraiser is not in a mindset that each report will end up being involved in a court proceeding. As appraisers we all know that an appraisal that is intended to assist in eminent domain proceedings can end up being involved in a court proceeding and we may have to provide expert testimony based on the initial report. However, we also realize that if a property owner does not accept the offer of just compensation based on the initial report and condemnation proceedings are filed, we will have the opportunity to complete another report knowing that this appraisal will have to stand up to cross examination and much more scrutiny.

I call the initial appraisal process involving a multiple parcel project, ‘Throw it against the wall and see what sticks.’ As appraisers we know that only a few private property owners want to take their cases to court.”  Keith Harper, President, Member of the Appraisal Inst., Preparing an Effective Appraisal Report, Handout at CLE International Eminent Domain Program H-1 (Mar. 18-19, 2004)

Freddy’s Bar — R.I.P.

Friday, April 30th, 2010

Was the Decision to Use Eminent Domain for the Atlantic Yards Project a Part of the Democratic Process? Don’t Be Silly.

Tuesday, April 27th, 2010

Atlantic Yards Aftermath - Daniel Goldstein Explains Why He Settled His Eminent Domain Case: It Was Basketball

Tuesday, April 27th, 2010

Interesting Factoid

Sunday, April 25th, 2010

Where Do Judges Come From?

Sunday, April 25th, 2010

The Law of Unintended Consequences in Action

Saturday, April 24th, 2010

MORR Conference Announced

Thursday, April 22nd, 2010

The Atlantic Yards Settlement - Lowball Thwarted, or a Big Score Made?

Thursday, April 22nd, 2010

Long Branch, NJ, Takes Another Hit On Using Eminent Domain for Redevelopment

Saturday, April 17th, 2010

The purpose of this blog is to provide a forum for people, whether eminent domain professionals or not, for exchange of ideas and a discussion of eminent domain news and issues. It does not provide legal advice. Questions concerning actual cases should be directed to the readers' own legal, appraisal and real estate advisers.

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