Date of Award

5-1990

Document Type

Thesis

Degree Name

Masters in Valuation Sciences

First Advisor

Ernest A. Demba

Second Advisor

Richard Rickert

Abstract

This thesis provides a comprehensive guide for real estate appraisers who serve as expert witnesses in courtroom settings, particularly in cases involving eminent domain, taxation disputes, damages, and property rights. It emphasizes the critical role appraisers play in presenting credible, defensible valuations that withstand legal scrutiny while upholding the integrity of the profession.

The study begins by examining the evolution of the appraisal profession, its struggle for consistent standards, and the increasing importance of regulation and certification. It reviews the limited literature available to appraisers compared to attorneys, highlighting the need for specialized resources tailored to valuation experts in litigation.

Key chapters address the fundamental appraisal methods—cost, market, and income approaches—and their adaptation for court testimony, with attention to clarity and simplicity for lay juries. The concept of “highest and best use” and the impact of land use restrictions, zoning, and interim use are explored as central determinants of property value. The thesis also analyzes eminent domain law, just compensation, severance damages, and the role of benefits in valuation.

Practical guidance is offered on courtroom conduct, expert witness qualifications, direct and cross-examination, and the ethical obligations of appraisers to remain objective and avoid advocacy. Preparation strategies, team dynamics between attorneys and appraisers, and the use of exhibits and demonstrative evidence are discussed to ensure effective testimony.

Ultimately, this work underscores that the appraiser’s duty extends beyond client service to safeguarding the credibility of the profession itself. By adhering to professional standards, preparing thoroughly, and communicating clearly, appraisers can enhance both their effectiveness in court and the standing of real estate valuation as a discipline.

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