Archives

This Article is written by Owners’ Counsel of America for general informational purposes only.  It is intended to assist landowners by providing them with some basic advice on how to critically review an eminent domain appraisal that seeks to develop an opinion of fair market value in a condemnation case, which in many instances will strongly influence of the amount of just compensation to be paid. This Article is not to be viewed as providing legal advice or to be considered as a substitute for consulting with an experienced eminent domain, takings or property rights lawyer on the matters covered herein. We begin with the question of why it is important to review an eminent domain appraisal and what can be learned by doing so. In a nutshell, a critical review of an appraisal will lead to a better understanding of: The strengths and weaknesses of the opposing sides’ valuation case The qualifications and experience of the opposing appraiser to opine on the matters set forth in the appraisal How the opposing appraiser thinks or analyzes keys issues Settlement options or possibilities How to go about preparing for depositions or cross-examinations What pre-trial or in limine motions may be necessary to address valuation and appraisal opinions Next we view an appraisal to determine: Just how credible the opinion of value is Whether it is based on speculation or conjecture Whether there are any  flaws in the logic or reasoning Whether there are any errors or omissions Whether it is poorly […]