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Archive | Appraisal Rule

January 11, 2022

The Appraisal Rule in an Eminent Domain Trial

New York is one of the three states in the union that does not allow a jury trial. When private property is taken for public use, the condemnor must “compensate the owner so that he (or she) may be put in the same relative position, insofar as this is possible, as if the taking had not occurred.”[1]  The award “must reflect the fair market value of the property in its highest and best use on the date of the taking, regardless of whether the property is being put to such… read more

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Posted in Appraisal Rule, Condemnation Trial, Expert Testimony
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September 12, 2019

PROVING FAIR MARKET VALUE BY THE MARKET DATA APPROACH. ARE YOUR COMPARABLES REALLY COMPARABLE?

An appraisal presents a pure factual presentation of data and information utilized by an expert to conclude to an opinion of value.  In New York State, an appraisal is required to be exchanged and filed pursuant to Court Rule.  22 NYCRR Sec. 202.61.  See Miriam Osburn Memorial Home Assoc. v Assessor of Rye, 2004 N.Y. Slip. Op. 50793 (U) (West. Sup. Ct. 2004). The Appraisal Rule allows the parties to prepare for trial with knowledge of each other’s valuations and the foundations and justifications thereof.  Parisi v State, 62 Misc2d 378, 382… read more

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Posted in Appraisal Rule, Comparable Sales, Market Data Approach, Uncategorized
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July 31, 2017

WHEN A JUDGE DOESN’T GET IT

New York is one of three states in the union that does not provide for jury trials in condemnation matters.  Not only that, but there is a designated justice who is assigned to hear condemnation cases in every county.  Many of our out of state colleagues who practice eminent domain law find that having the same judge is almost as incredible as not having a jury. Most of the time, the judges assigned to the condemnation part are interested in the subject and become experts in the law.  Some courts… read more

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Posted in Appraisal, Appraisal Rule, Date of Valuation, Summary Judgment
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