Expert witness

[cridgely01]

I have been asked to be an expert witness in a condemnation case...I have never been done this before... I did the appraisal on the subject property and used all three approaches to evaluate the fair market value of the subject property.......Any advise is welcome....what does one charge for this...base fee of %fee???, Pitalls??? what to expect...:blush:

 

[David Mescon]

What was the purpose of the appraisal you did? Was it for condemnation purposes? Inverse condemnation? What kind of property? Lots and lots of questions here.

I charge $175 per hour for condemnation and inverse condemnation work. I charge $250 per hour for answering interrogatories, deposition time or court time, with a four hour, one time, (per case), minimum. My court clock starts when I arrive at the courthouse and ends when I leave. My appraisal time includes all office time and local travel time. When it involves an airline flight, I don't start the clock until I land; and, if it takes more than one day to view the subject and the comparables, I only charge from the time I start working each day, until I finish. The client is also charged for all travel expenses, and other expenses related to the assignment, including data, consultation with other experts, etc...

 

[cridgely01]

the owner contracted me to do an appraisal to determine fair market value . the property is an inter city rowhome... The city is purchasing all the homes in the on seveal blocks in order to redevelop the space for a new school, some new housing , park etc....The subject property have been renovated 4 year prior new wall, roof, mechanical, kitchen and bath...etc.....the offer the city made was declined because the owner believed it to be too low....the property was vandalized after the tenant was removed....the comdemnation process has been going one 2.5 years...there are 60 home on the subject block and street... total number of home involved is 300-350 homes....

 

[Lee Lansford]

I have been asked to be an expert witness in a condemnation case...I have never been done this before... I did the appraisal on the subject property and used all three approaches to evaluate the fair market value of the subject property.......Any advise is welcome....what does one charge for this...base fee of %fee???, Pitalls??? what to expect...:blush:

Next time you'll take care of such a possibility in your "engagement letter" (the contract between you and your client) that forms the agreement for your services prior to your appraisal.

Suggestion for preparation: The AI offers a 2-course on appraising and court testimony; the NAIFA offers a 1-day version (but I don't see that it is being offered anywhere in the near future.

 

[David Mescon]

Were you aware you might be called to testify when you accepted the assignment?

 

[cridgely01]

No I was unware that a court appearance would be forth coming....I did 3 other appraisal in the same area and all were settle without a brench trial...Im intrigued by the offer but wary of what beyond the unopened door

 

[David Mescon]

I hope I'm not offending you, but, you are apparently not prepared for this. When I testify as an expert, I come prepared with a veritable arsenal of high yield nuclear appraisal weapons. I expect, each and every time, that I will be up against a Clarence Darrow type of attorney. I spend lots of time dissecting any opposing reports and performing full Standard Three reviews of each of them where necessary. If any of the opposing reports were not written by appraisers, I still bring enough information to blow them into millions of tiny pieces. I read, re-read and re-read again the applicable version of USCRAP making sure that I understand not only how what I wrote stands up to it, but any opposing reports as well. I also usually brush up on all applicable state statutes and administrative regulations. I prepare written reference notes containing what I expect will be the most salient points of contention. I have long and thorough pre-trial conferences with the attorney or attornies who hired me. All this - and more. Be prepared - times ten!

This request appears to have caught you off guard. It is unlikely your appraisal was prepared to a high enough standard to withstand a major legal attack. If I were in your shoes, I would stay as far away from this as you possibly can.

 

[cridgely01]

I wrote a pretty detail report and the opposing council appraiser has written 2 reports one 3 years ago for 62K-in which he never inspected the interior of the subject property and never knew about the improvements and only used the sales comparision approach....the second report 2/10 for 50K less with again only 1 approach and was submitted after the dicovery period close-The comparables were liquidation sales....I beleive I can rip both his appraisal to shreads if need be----I also believe that the condemnation process by state law cannot affect the market value of the property's condition or quaility of construction as a result of the comdemnation process(need to the reference ) but the lawyer has got that Im sure...Its defending my appraisal... your advice is truely appreciated and I like preparing notes is an excellent idea....Running away at this point is not an option I have some time to decided if I can prepare myself adequate for this---thanks

 

[Mr Rex]

You might want to research some comments about using the terminology "fair" market value as an appraiser, before someone embarasses you on the stand.:icon_idea:

 

[Aprazr]

Call Jerry Jones and see how he handled taking about 160 properties from homeowners that had been living in them for over 40 years just to build his new 'Cowboys Stadium'. There were a few (about6-8 as I remember) that held out and got OVER what the original offer was (nearly twice the original offer - and WELL over market value)

I have provided expert witness personally and I assure you.....go in with your guns LOADED. The cross examination tends to lead YOU down a dark alleyway (lol) But, when all your ducks are in the proper row, you will have no problem especially when the other appraiser never went inside the subject.....It sounds to me like you already have YOUR GUNS LOADED ! Good Luck with it, too! Let us know the results.... if you can.......

"Blessings to all"
Gregg White