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Appraisals for Condemnation and other Legal Purposes for Use in Trials by Attorneys and Courts
Don Foster Scoggins, Nevada Certified General Appraiser, #01131 and Arizona Certified General Appraiser 31469, has produced appraisals for attorneys and testified as an expert witness appraiser in Federal Court and Family Court in Las Vegas, Nevada and in Federal Court in Washington and District Court in California. Please click here for the curriculum vitae (CV) of Don Foster Scoggins. Arthur F. Nelson, MAI, RM, Certified General Appraiser #2720 is also qualified in Federal Court and many other courts.
Condemnation Appraisal
If a government entitly attempts to condemn your property, or take it from you by means of "eminent domain," it must give you "just" compensation. Just compensation is not just a good idea, it's the law established by the constitution. That's where an Appraisal and an Expert Witness with Appraisers of Las Vegas.com is needed.
Appraisals of Nevada real estate completed by Appraisers of Las Vegas.com have been used in court cases and arbitrations. Often Appraisals by Appraisers of Las Vegas.com have not been able to be refuted by other appraisers or attorneys during a deposition. Most often, cases are settled on the strength of an appraisal or after expert witness testimony by the appraiser for a deposition. In that case a trial or binding arbitration may not be required.
The government is likely to have its own idea of "just" compensation, maybe based on a professional appraisal. But an appraisal on your behalf, performed under the standards of the Uniform Standards of Professional Appraisal Practice (USPAP), is powerful -- and useful -- evidence of what you're entitled to, and protects your rights.
It works the other way, too. We perform work for government clients needing to offer and provide "just" compensation in eminent domain cases. A USPAP-compliant appraisal is the best way to determine fair market value of any property.
If the above makes condemnation appraisals sound simple, that's not the case. There are many legal and procedural issues involved in an accurate condemnation appraisal. A federal condemnation will require a different analysis and report format than a state or local taking. And in any event, the jurisdiction proposing to condemn the property is likely to have its own rules for appraisal that must be followed. It is important to hire an appraisal firm that has experience and training in these types of valuations.
An eminent domain action may reserve certain rights in the property to the current owner. The government may petition to take only part of, or a partial interest in, the property. This requires the appraiser to value the "larger parcel" -- the currently undivided, contiguous property -- and the "remainder" of the property, or rights to use the property, that will be held by the owner after condemnation and factor that into the overall value of the taken property. For an added wrinkle, it will often be necessary for the appraiser to determine his or her opinion of value on the "remainder" before the taking and after the development or use prompting the taking, because they are likely to be very different.
Likewise, appraisers always consider a property's "highest and best use" when forming an opinion of value. For many condemnation appraisals, it is necessary to consider the highest and best use of the property before taking and after the development or use resulting from the taking. Again, it is important to have a professional appraiser with experience and training.
Because an appraiser may often have to testify about his or her condemnation appraisal about what's necessary, so again, it's important to select an appraiser/company that has experience , it is important that certain steps in valuation methodology -- such as selecting and analyzing comparable sales -- be performed more thoroughly. You rely on your appraiser to know and training.
Here at Appraisers of Las Vegas.com, we are ready and able to perform your condemnation/eminent domain appraisal. Browse our website to learn more about our qualifications, expertise and services offered.
Please allow appraisers affiliated with Appraisers of Las Vegas.com to serve as expert witnesses in any litigation situation. You'll be glad you did.
Expert witness and condemnation appraisals for litigation and court testimony. Arthur F. Nelson, MAI, RM, CGA #2720 is a commercial appraiser licensed and certified in Nevada and California and working with Appraisers of Las Vegas.com ©® Expert residential and commercial appraisals by licensed and certified appraisers in Las Vegas, Henderson, North Las Vegas or even in Anywhere, Nevada.
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