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Orientation

Which expert answers which question

Begin with the dispute, not with the roster. Once you can state precisely what is contested, the discipline that should answer it is usually obvious.

Mapping

The dispute, and who answers it

What is contestedThe disciplineWhy
The compensation figureAppraisalIt is a valuation conclusion and only an appraiser can give it
Whether the remainder can still be developedLand planningEntitlement probability is a planning judgement, not a valuation one
Whether a proposed cure is buildableEngineeringGrade, drainage and constructability are engineering questions
Whether the remaining access worksTraffic engineeringTurning paths, sight lines and movements are measurable
The effect on a businessEconomics or forensic accountingWhere the state compensates business loss
Contamination or wetland constraintsEnvironmentalRemediation cost and regulatory limits can dominate value
What a replacement would costConstruction costSupports the cost approach and any cure estimate

Sequence

The order that works

  1. Define the dispute

    Not that the offer is low, but which assumption inside the agency appraisal is wrong. Everything downstream follows from this.

  2. Get a case assessment

    An experienced appraiser reading the agency report will usually identify the weakness quickly and cheaply, before anyone is formally designated.

  3. Retain the supporting disciplines

    Whatever the valuation argument depends on: planning, engineering, traffic, environmental. These have to come before the appraisal, not after it.

  4. Retain and instruct the appraiser

    With the supporting conclusions in hand, so the valuation rests on evidence rather than on the appraiser\u2019s assumption.

  5. Test the opinions internally

    Before the other side does. An opinion that cannot be defended in a practice session will not survive a deposition.

  6. Disclose and depose

    Both sides exchange and test. Most cases settle in this window.

A caution on scope

Where this site stops

This site is about experts and litigation: who testifies, how they are instructed and how their evidence is tested. It is not a valuation manual. How a condemnation appraisal is actually built, what the before and after method requires and where valuations go wrong is covered at Eminent Domain Appraisers.

The two sites are deliberately separate. One answers what the property is worth. This one answers who proves it, and how.

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.

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