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Archive | Expert Testimony

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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September 4, 2019

MY ADVICE TO APPRAISERS

          After fifty years of trying condemnation cases, I am consistently surprised at the occasional instance where an appraiser just does not know how to properly testify in court.           On paper, an appraiser may be incredibly impressive.  But is that enough for one to prevail in a case focused on valuation?           Providing expert testimony certainly requires expert knowledge of the subject, but it also requires knowledge of the fundamental rules that should be observed when on the witness stand.  The rules will vary from jurisdiction to jurisdiction.  An… read more

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