The March 2013 edition of The Practical Real Estate Lawyer, published by American Law Institute Continuing Legal Education is now available. It features four outstanding articles including “Working with Eminent Domain Valuation Witnesses” by Michael Rikon and Anthony F. Della Pelle, “Opening Statements in Eminent Domain Cases” by Brandee L. Caswell and Joseph P. Santum, “Direct Examination of the Valuation Witnesses” by James D. Masterman, and “Groundbreakers– Using the Judicial System to Abate the Foreclosure Crisis.”
We want to specifically highlight Michael Rikon & Anthony Della Pelle’s article here, as well as James D. Masterman’s.
The first article, “Working with Eminent Domain Valuation Witnesses” discusses the key issues to consider in working with a valuation expert, including identification and selection of experts, the relationship between the attorney and the expert, discovery, privilege, ethical considerations, pointers for preparation of reports, reviewing experts’ reports, and assessing prior appraisals.
James Masterman’s article, “Direct Examination of Valuation Witnesses”, discusses the goals and objectives of valuation opinion testimony, establishing the qualifications of the valuation witnesses, whether to introduce USPAP evidence, examining the witnesses on the appraisal assignment, getting the witness to give a good description of the subject property and neighborhood, eliciting strong testimony regarding the determination of value, predicate witnesses, and demonstrative exhibits. Also included is an invaluable checklist for each topic in a condemnation trial, to help ensure that you hit all major points, and model direct examination questions which will serve as useful tool as you prepare your witnesses.
The Practical Real Estate Lawyer, published by the ALI CLE is available online by clicking here.