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The Uniform Standards of Professional Appraisal Practice (USPAP), Standards Rule 1-1(b&c) states "In developing a real property appraisal, an appraiser must: not commit a substantial error of omission or commission that significantly affects an appraisal; and (c) not render appraisal services in a careless or negligent manner, such as by making a series of erros that, although individually might not significantly affect the results of an appraisal, in the aggregate affects the credibility of tho

In this paper, I will revisit much of the subject matter I presented at the October 2004 CLE Internatinoal Eminent Domain Conference in Houston. My topic at that conference was entitled "The Scope of Services of an Appraiser in Eminent Domain,"........ Click to Read: "Eminent DomainAppraisal in an Adversarial Environment"

Highest and Best Use is the overriding concept to be appliedi n the analysis and ultimate selection of comparable data used in real estate valuation. In all valuation assignments, opinions of value are based on use. Therefore, the Highest and Best Use os a property essentially provides the foundation for the competitive position of a property as viewed in the marketplace. View Complete Article

For the appraiser working in a litigation arena, the scope of services not only involves the development and reporting of value opinion(s), but often the required defense of their opinion(s) before a finder(s) of fact. In fact, attorneys and/or clients alike, often pay a premium for the ability of an appraiser to defend their value under close scrutiny. J.D. Eaton, in his book Real Estate Valuation in Litigation, discusses the nature of this scrutiny in a litigation environment as follows: ...

While reconstruction and widening of the Katy Freeway have been well underway for nearly three years, a potentially even larger highway project looms on the horizon for Houstonians. View Complete Article

Upscale homebuilder Frank Liu is planning to building what will be the first traditional residential subdivision in downtown Houston. View complete Article

For nearly two years the reconstruction and widening of Interstate 10, popularly known as the Katy Freeway, has been under way. View Complete Article

Much has been written about the attorney/appraiser relationship and the potential for confusion or frustration, which can often result from misunderstandings or misconceptions of the appraiser's role in the eminent domain process. View Complete Article

In an eminent domain case, the goal of both the condemnor and condemnee in a property appropriation should be payment of "just compensation" based on the fair market value of the part taken, and to fairly assess the damages, as defined by applicable law to the remaining property. View Complete Article

This paper addresses the sharp differences in Texas between fair market value appraising, the process and reporting standards for which are squarely set out in the Uniform Standards of Appraisal Practice (USPAP), and condemnation appraising, particularly in partial taking acquisitions, the increasingly obtuse rules for which have been defined and redefined in recent years by the Texas Supreme Court. The paper’s thesis is that the safeguards USPAP attempts to establish so that appraisers in ...

There is ongoing controversy among real estate appraisers concerning the methods used in appraising linear rights-of-way. This paper looks at two competing approaches most often the subject of these debates: at-the-fence valuation and corridor valuation. These methods are examined and analyzed, and the most appropriate approach is outlined. The paper also provides a look at the ongoing evolution of Texas case law regarding the acceptability of corridor valuation methods. View complete article ...

A lawyer is a sworn advocate for his client; an appraiser is prohibited from being an advocate for his client. Yet in the eminent domain process, these two professionals with often clashing ethical responsibilities must find a way to mesh their positions in the way that best benefits their mutual client. An awareness of some of these inherent differences is helpful to both the attorney and appraiser when approaching the attorney/appraiser relationship. Four major aspects of the ...

A general review of major scientific and appraisal writings since 1993 on the subject of electromagnetic field radiation (EMF) and its effect on real property value are presented. A brief examination of current cases, statutes and municipal regulations is included, and the pros and cons of corridor valuation for expansion of existing utility easements are explored. View complete article [ Adobe Acrobat pdf file, 56kb ]

Can an appraiser vary the appraisal success depending upon the client’s instructions? An answer is given based on legal interpretation, governmental regulations, type of interest being appraised, instruction/advice from third-party experts and the type of value sought depending on the appraisal problem. View complete article [ Adobe Acrobat pdf file, 28kb ]

The title of this presentation suggests that an exclusion of intangibles from property will necessarily include a determination of the tangible portion of real estate. Since this determination is usually made on the basis of the property owner’s interest or in the interest of the appraisal district, the opportunity for disagreement is apparent. The Dictionary of Real Estate Appraisal, Appraisal Institute, 3rd Addition, defines these terms as follows: Intangible Property - Non-physical items

A review of the real estate and appraisal literature, scientific and case studies, and court cases is presented, and both traditional and new appraisal procedures are applied for establishing land values adjacent to power lines. View complete article [ Adobe Acrobat pdf file, 52kb ]