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Archive | Independent Appraiser

February 17, 2022

Independent Appraiser Does Not Mean Biased Assessor

Matthew Clifford, Esq., an outstanding condemnation and tax cert lawyer, was enough to send a recent Putnam County Supreme Court decision, LAK 3, LLC v Board of Assessors, et ano of Town of Carmel, Index No. 501685/2019 Filed 02/14/2022. The case involved a tax reduction petition to reduce the assessment on 41 Averill Drive, a single-family residence near Lake Mahopac.  In 2017, the property had an assessed value of $1,011,000.  In 2018, the assessment was increased to $2,816,500.  In 2019, that assessed value was increased to $2,934,000.  The Petitioner retained… read more

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Posted in Court Rules, Credibility, Independent Appraiser, Tax Assessment
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June 1, 2021

The Independent Appraiser: Not Just a Pretty Title

In cases involving the issue of valuation of real property, the parties usually turn to an independent appraiser. Generally, this means that the appraiser is free from influence, guidance, or control of another or others.  We know that the appraiser will be somewhat biased in favor of the party who retained the expert.  But the Court will have some confidence that the appraiser will use good judgment and abide by a professional code.  The independent expert is also presumed not to have any conflicts in the assignment. Mostly importantly, the… read more

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Posted in Condemnation, Conflict of Interest, Independent Appraiser
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