Appraisal testimony : a view from the witness stand.

Author(s)
Borgman, A.G.
Year
Abstract

Some experiences of an appraisal committee are reviewed in respect to condemnation cases. The following aspects have been found to be important: (1) the preparation of the witness, (2) understanding of the witness to tell the truth, (3) ascertain the degree of sophistication of the jury or commission that is hearing the case, and (4) explain technical terms or methods so they are readily understood by the layman. Cases cited on comparable sales indicate that any such sale should meet the following four-way test: (1) it must be comparable as to time, (2) comparable as to location, (3) comparable as to character of property, and (4) it must be an open, arm's length sale. The wisconsin legislature recently passed a new condemnation statute which is unique in that it provides payment of damages for the following items: (1) the cost of moving personal property, (2) the damage caused by loss of favorable financing, (3) loss of rentals, and (4) the loss of plans and specifications rendered useless as a result of a taking. In addition, wisconsin also decided that damage resulting from the nature of the public improvement was also compensable. The appraiser must now take the proposed improvement into consideration in his valuation of the property remaining after the taking. Two problems that still need resolution are caused by: (1) the cloud of condemnation hanging over a property for a long time, and (2) the lessee's interest in the condemnation of a leased property.

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Publication

Library number
A 4028 (A 4019 S)
Source

In: Highway Research Record 260, 1969, p. 55-59

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