Expert types
The appraiser is the case
Every other expert in a condemnation exists to support or dismantle an assumption in the appraisal. The appraiser states the number, and the number is what the proceeding decides.
Scope
The questions this expert answers
What is the property worth
Fair market value at the valuation date fixed by law, under the definition the jurisdiction applies.
What is the remainder worth
The after value, with the project built, which is the most contested figure in the case.
How much is severance damage
The part of the difference attributable to harm to what the owner keeps.
Is the agency appraisal sound
Through an appraisal review, which tests method and support rather than substituting a number.
What would a cure cost, and does it work
Whether cost to cure genuinely restores the lost utility or merely reduces the claim.
What use would the market have paid for
Highest and best use, which is the premise everything else rests on.
Selection
Qualifications and what to check
| Criterion | What to look for |
|---|---|
| Certification | State certified general appraiser, current, with disciplinary history checked |
| Condemnation volume | Assignments in this field specifically, not lending work generally |
| Jurisdiction | Familiar with the measure of compensation and procedure in this state |
| Yellow Book | Where federal funding is involved, experience with the federal standards |
| Testimony record | Has testified, and will. An appraiser who has never been cross examined is an unknown quantity |
| Independence | No contingent fee, which professional standards prohibit, and no conflict on this project |
| Property type | Experience with this kind of property, particularly for special purpose or income producing assets |
In practice
An appraiser without support is exposed
Cross examination of an appraiser follows a pattern. Counsel does not attack the conclusion; they attack the assumptions beneath it. You assumed the remainder could still be developed, are you a planner. You assumed the driveway could be rebuilt at that grade, are you an engineer. You assumed trucks can still turn in, have you measured it.
An appraiser who answers no to each of those has conceded that the valuation rests on assumptions they are not qualified to make. An appraiser who can point to a planner, an engineer and a traffic report has a foundation.
This is the single most useful planning decision in a condemnation case. Work out which assumptions in the valuation are outside the appraiser’s field, and retain someone qualified for each of them before the appraisal is written.
Questions about this expert
Can an appraiser testify about engineering or planning
Only within their competence, and the boundary is tested hard. An appraiser may rely on another expert’s conclusion; what they cannot do is form that conclusion themselves and defend it as their own.
Should the owner use the appraiser who did the review
Frequently yes, and it should be agreed at the outset whether the engagement is review only or will extend to an independent valuation and testimony.
What does an appraisal expert cost
It varies widely by property type and complexity. Review is the cheapest entry point, a full independent appraisal a multiple of it, and trial testimony priced separately. Ask for a written scope and fee.
Does the agency appraiser testify too
Yes. A condemnation hearing is usually a contest between two appraisers, and the fact finder is deciding which valuation is better reasoned.
The expert decides the number more often than the argument does
In condemnation the facts in dispute are technical. Who presents them, and how well, is usually what the case turns on.