- Joined
- Jan 15, 2002
- Professional Status
- Certified General Appraiser
- State
- California
"Regulatory " related factors into HBU analysis under "legally permissible", just like an HOA or access easement or other legal encumbrance. It is one of the property's attributes.
An example: I appraised a religious use property that was on an R4 zoned lot that would otherwise have allowed 60 units. A lot of those properties do get puchased for their land value, and I originally thought that was how this property would go. However, I came across a door on the 2nd floor that had FCC placards indicating to a cell tower. It turns out they had a cell tower lease and the antenna was on the roof. As a legal encumbrance that lease effectively precluded redevelopment so that sent me back to valuing that property in the existing religious use instead of the (if permitted) high valued use as multi-family land.
If we're appraising an existing condo that will usually be the ONLY HBU due to the prevailing legal restriction.
An example: I appraised a religious use property that was on an R4 zoned lot that would otherwise have allowed 60 units. A lot of those properties do get puchased for their land value, and I originally thought that was how this property would go. However, I came across a door on the 2nd floor that had FCC placards indicating to a cell tower. It turns out they had a cell tower lease and the antenna was on the roof. As a legal encumbrance that lease effectively precluded redevelopment so that sent me back to valuing that property in the existing religious use instead of the (if permitted) high valued use as multi-family land.
If we're appraising an existing condo that will usually be the ONLY HBU due to the prevailing legal restriction.