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"Sharboneau: A Lesson for Attorneys and Appraisers - Know Your Facts" Presented at the CLE International Eminent Domain Conference in Austin, Texas in February, 2010.

David Bolton — Mon, 15 Feb 2010 21:00:00 GMT

"Sharboneau: A Lesson for Attorneys and Appraisers-Know Your Facts"

15-Feb-10 3:00 PM

"Eminent Domain Appraisal in an Adversarial Environment"

Wayne Baer — Thu, 31 Jan 2008 21:00:00 GMT

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"

31-Jan-08 3:00 PM

Highest and Best Use in Eminent Domain Valuation

Wayne Baer — Thu, 12 Jul 2007 16:00:00 GMT

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.

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12-Jul-07 11:00 AM

"Qualitative v. Quantitative Adjustments"

Wayne Baer — Fri, 02 Mar 2007 21:00:00 GMT

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:

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2-Mar-07 3:00 PM

US 290/Hempstead Highway Expansion Looms on the Horizon

Wayne Baer — Fri, 21 Jul 2006 14:00:00 GMT

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.

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21-Jul-06 9:00 AM

Tiny Piece of Suburban Sprawl Heads Downtown

Allison Wollam — Mon, 24 Apr 2006 12:00:00 GMT

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

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24-Apr-06 7:00 AM

Construction Jolts Katy Freeway Property Values

Wayne Baer — Fri, 17 Jun 2005 14:00:00 GMT

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

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17-Jun-05 9:00 AM

"The Scope of Services of an Appraiser in Eminent Doman: "What is Just Compensation for the Appraiser?'"

Wayne Baer — Thu, 21 Oct 2004 12:00:00 GMT

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.

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21-Oct-04 7:00 AM

Independent Value + Legal Advocacy = Just Compensation

David Bolton & Wayne Baer — Fri, 01 Oct 2004 13:00:00 GMT

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.

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1-Oct-04 8:00 AM

Who Needs USPAP When You Have the Texas Supreme Court

David Bolton & Kent Sick — Thu, 06 Feb 2003 17:00:00 GMT

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 Texas and elsewhere will fully, fairly and uniformly consider all appropriate appraisal techniques, methodologies and relevant data in developing fair market value appraisals that realistically reflect the market value of the property being appraised are frustrated to a significant extent by certain, most recent, Supreme Court rulings that prevent a full and straightforward application of the fair market value standard.

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6-Feb-03 11:00 AM

Valuation of Utility Corridors: Proper Methodology for Appraising Property Rights

David Bolton & Kent Sick — Thu, 07 Feb 2002 16:00:00 GMT

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.

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7-Feb-02 10:00 AM

The Attorney/ Appraiser Relationship in the Eminent Domain Process

David Bolton & Kent Sick — Thu, 12 Aug 1999 15:00:00 GMT

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 appraiser/attorney relationship in the eminent domain process and endeavors to explore them from both perspectives are presented.

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12-Aug-99 10:00 AM

Power Lines and Property Values: The Good, the Bad, and the Ugly

David Bolton & Kent A. Sick — Wed, 18 Nov 1998 16:00:00 GMT

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.

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18-Nov-98 10:00 AM

How Some Appraisers Might Vary the Appraisal Process Depending Upon the Client's Instructions

David Bolton — Thu, 14 May 1998 15:00:00 GMT

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.

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14-May-98 10:00 AM

Excluding Intangibles from Property

David Bolton and Wayne Baer — Thu, 19 Sep 1996 17:00:00 GMT

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 of personal property, e.g., franchises, trademarks, patents, copyrights, goodwill
Deferred items such as a development or organization expense

Tangible Property -

Property than can be perceived with the senses; includes land, fixed improvements, furnishings, merchandise, cash, and other items of working capital used in an enterprise.

The Texas Property Tax Code defines as follows:

“Tangible personal property” means personal property than can be seen, weighed, measured, felt, or otherwise perceived by the senses, but does not include a document or other perceptible object that constitutes evidence of a valuable interest, claim, or right and has negligible or no intrinsic value.

“Intangible personal property” means a claim, interest (other than an interest in tangible property), right, or other thing that has value but cannot be see, felt, weighed, measured, or otherwise perceived by the senses, although its existence may be evidenced by a document. It includes a stock, bond, note or account receivable, franchise, license or permit, demand or time deposit, certificate of deposit, share account, share certificate account, share deposit account, insurance policy, annuity, pension, cause of action, contract, and goodwill.

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19-Sep-96 12:00 PM

Properties Near Power Lines and Valuation Issues: Condemnation or Inverse Condemnation?

David Bolton — Wed, 17 Nov 1993 16:45:00 GMT

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.

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17-Nov-93 10:45 AM