Articles for Bolton & Baer Ltd. and Bolton Real Estate Consultants, Ltd.

"Special Commissioners Hearings - An Appraiser's Brief Perspective" Presented by, Wayne B. Baer, MAI, Partner Bolton & Baer, Ltd. Houston, Texas -at the- CLE International - Eminent Domain Conference, Houston, Texas (July 28th -30th, 2010) In this paper, I will attempt to briefly discuss elements of the Special Commissioners Hearing experience from an appraiser's viewpoint. In an Eminent Domain Special Commissioners ...

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: ...

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 ...

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 ...