What Is an Eminent Domain Appraisal

Appraisal basics

What an eminent domain appraisal actually is

It is an opinion of value prepared for one purpose: to estimate what a government must pay an owner for property it is taking. That purpose changes the method, the date, the definition of value and what may be counted.

Definition

An appraisal written for a legal question

Most appraisals answer a commercial question. A lender wants to know whether a property secures a loan. A seller wants to know what to ask. The appraiser estimates what the property would fetch and the answer is useful because it predicts behaviour in a market.

An eminent domain appraisal answers a constitutional question instead. The Fifth Amendment requires just compensation when private property is taken for public use, and every state constitution contains a similar guarantee. Just compensation has been interpreted to mean fair market value, measured at a fixed date, under a definition supplied by law rather than by the market.

That reframing has consequences throughout the report.

The difference

How it departs from an ordinary appraisal

ElementMarket or lending appraisalEminent domain appraisal
PurposeInform a transaction or a loanEstimate compensation owed under law
Date of valueUsually currentFixed by statute, often the date of taking or filing
Definition of valueMarket value as defined by the lender or the clientFair market value as defined by the law of the jurisdiction
The projectTreated as part of market conditionsGenerally excluded, so neither the owner nor the agency gains from it
Part of a propertyRarely valued aloneRoutinely valued as a before and after difference
Damage to what remainsNot consideredSeverance damages are part of the valuation
AudienceClient and lenderAgency, owner, counsel and potentially a jury

Questions about the appraisal itself

Who orders the eminent domain appraisal

The condemning agency orders one to support its offer. The owner may order an independent appraisal, and in contested matters generally should. Both are opinions, and neither binds the other.

Must the agency show me its appraisal

Practice varies. In acquisitions with federal funding the agency must provide a written statement of the basis for the offer, which in substance means the appraisal. Many states impose a similar duty. Ask in writing and keep the request.

Can the appraiser value just the strip being taken

Only where nothing else is affected. Where part of a property is acquired, the correct method values the whole before and the remainder after. Valuing the strip alone omits severance damages by construction.

Does the appraiser decide what I am paid

No. The appraiser gives an opinion. The agency makes an offer, the parties negotiate, and if they cannot agree a court or a commission determines compensation, often with competing appraisers testifying.

What qualifications should the appraiser have

State certification as a general appraiser, demonstrable condemnation experience and familiarity with the jurisdiction. For federally funded work, familiarity with the Uniform Appraisal Standards for Federal Land Acquisitions, the Yellow Book.

Get a valuation question answered

If an offer has arrived and the number does not match what you believe the property is worth, the appraisal behind it is the place to look. Start with the pages below.

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