PREPARATION OF APPRAISAL TESTIMONY

EXPERIENCE IN ALABAMA BEARS OUT THE FACT THAT THE CHIEF ISSUE IN MOST EMINENT DOMAIN CASES IS VALUATION. THE KEY TO SUCCESSFUL TRIAL OF CONDEMNATION ACTIONS IS GOOD PREPARATION OF APPRAISAL TESTIMONY. THE FIRST STEP IN THE PREPARATION OF APPRAISAL TESTIMONY INVOLVES PREPARATION OF THE ATTORNEY WHO WILL EXAMINE THE WITNESS. HE MUST FIRST ACQUIRE A THOROUGH UNDERSTANDING OF THE APPRAISER'S REPORT, INCLUDING A FAMILIARITY WITH THE COMPARABLES THAT THE APPRAISER CITES, AND HE SHOULD TURN TO THE TESTIMONY REGARDING COMPARABLE SALES. IN SOME RESPECTS THE OVER-ALL PROBLEM IS SIMPLER THAN IN OTHER STATES BECAUSE ALABAMA'S EMINENT DOMAIN LAW IS NOT VERY COMPLEX, AND THE ADMINISTRATIVE LAW AND PROCEDURE ARE NOT AS EXTENSIVE AS IN SOME OF THE LARGER, MORE URBANIZED STATES. CERTAIN PROBELMS EXIST WHEREVER EMINENT DOMAIN IS INVOLVED: (1) WHEN TWO COMPETENT APPRAISERS HAVE BEEN USED AND ONE TURNS OUT TO BE MUCH HIGHER THAN THE OTHER, (2) HOW MUCH APPRAISAL TESTIMONY SHOULD BE INTRODUCED AT THE COMMISSIONERS' PRELIMINARY HEARING, AND (3) THE PROBLEM OF SUPPLEMENTAL APPRAISALS. ALL OF THESE PROBLEMS DESERVE ATTENTION WHENEVER RIGHT-OF- WAY IS TO BE AQUIRED THROUGH CONDEMNATION PROCEEDINGS.

Media Info

  • Media Type: Print
  • Pagination: pp 82-84
  • Monograph Title: Selected problems relating to highway laws, 1962
  • Serial:

Subject/Index Terms

Filing Info

  • Accession Number: 00238728
  • Record Type: Publication
  • Files: TRIS, TRB
  • Created Date: Sep 29 1994 12:00AM