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1-144 out of 144 article(s)
Title Author Type Date Words
Investigation into corruption case at Endowments Authority starts. Mar 3, 2019 278
Fair market value paid for properties condemned for pipeline. Jan 28, 2019 550
Valuation of individual unsold units in condominium development is proper for property tax assessment purposes. Blair, Benjamin A. Jan 1, 2019 830
Where LLC's sole asset is real property, valuation of member's interest is of portion of real property, not portion of LLC interest. Blair, Benjamin A. Jan 1, 2019 611
Flow easement value established by rights in the land, not how easement is used. Blair, Benjamin A. Jan 1, 2019 785
In temporary construction easement, condemnor liable for damages flowing from use of easement, not injury to business. Blair, Benjamin A. Jan 1, 2019 849
Leasehold interest has no taxable value where interest is not freely assignable. Blair, Benjamin A. Jan 1, 2019 607
Appraisal rejected as unreliable where excluded relevant market comparables. Blair, Benjamin A. Jan 1, 2019 694
National pharmacy submarket and contract rent justifies appraised value. Mueller, Scott B. Sep 22, 2018 1321
Superadequacy is a form of functional obsolescence affecting tax assessment value. Mueller, Scott B. Sep 22, 2018 999
Appraisal rolls record but do not establish ownership. Mueller, Scott B. Sep 22, 2018 580
Negligence claim against bank not allowed where no reliance on bank's appraisal. Mueller, Scott B. Sep 22, 2018 1063
Sale to government entity considered a market value transaction. Mueller, Scott B. Sep 22, 2018 714
Property owner sues town over value of seized parcel. Aug 30, 2018 398
Exterior inspection alone does not vitiate new assessment. Mueller, Scott B. Jun 22, 2018 754
Reliance on sheriff sale appraisal value improper in tax assessment contest. Mueller, Scott B. Jun 22, 2018 873
Credit agreement disclaimer does not relieve lender of liability for fraudulent property appraisal. Mueller, Scott B. Jun 22, 2018 845
Conservation easement's value is zero where it does not affect highest and best use or value of property. Mueller, Scott B. Jun 22, 2018 892
Treatment of expenses most important consideration in valuing nursing home as a going concern. Mueller, Scott B. Jun 22, 2018 912
Court has duty to step in and determine value of property where there are divergent appraisals in "dirt for debt" bankruptcy agreement. Mueller, Scott B. Jun 22, 2018 748
Negligence claim against lender's appraiser not available to borrower. Mueller, Scott B. Jun 22, 2018 932
In eminent domain proceeding, owner must follow procedural requirements to qualify as witness. Mueller, Scott B. Jun 22, 2018 763
Chicago-area home sellers lose lawsuit over Zillow Zestimates. May 18, 2018 777
Chicago-area home sellers lose lawsuit with Zillow. May 18, 2018 780
Before and after appraisal not required in condemnation. Mueller, Scott B. Mar 22, 2018 693
Taxpayer challenge denied due to untimely, unsupported financing appraisal. Mueller, Scott B. Mar 22, 2018 534
Federal rent subsidy impacts rental property valuation. Mueller, Scott B. Mar 22, 2018 448
Bankruptcy trustee needs recent objective appraisal to demonstrate fairness/adequacy of settlement. Mueller, Scott B. Mar 22, 2018 630
Appraiser qualified for appraisal of mining property because of experience. Mueller, Scott B. Mar 22, 2018 803
Dispute over fair market value does not void option where price mechanism is specified in lease. Mueller, Scott B. Mar 22, 2018 586
Potential rezoning and redevelopment too speculative to be basis for highest and best use in appraisal. Mueller, Scott B. Mar 22, 2018 492
Failure to provide timely condemnation appraisal fatal to condemnation. Mueller, Scott B. Mar 22, 2018 572
Master did not abuse discretion in giving more weight to written appraisal report with more recent comparables. Mueller, Scott B. Mar 22, 2018 694
Speculative potential integration of parcels not proper basis for valuation. Mueller, Scott B. Jan 1, 2018 823
Broker's opinion of value may be used to update appraised values in court-approved orderly sale of properties. Mueller, Scott B. Jan 1, 2018 682
Option agreement enforceable where language is clear and valuation is reasonable. Mueller, Scott B. Jan 1, 2018 709
Negligence claim does not flow to future parties. Mueller, Scott B. Jan 1, 2018 685
Estate cannot undervalue property to benefit residual beneficiaries. Mueller, Scott B. Jan 1, 2018 765
Statute of limitations in negligence claim begins to run when claimant first has notice of irregularities. Mueller, Scott B. Jan 1, 2018 1003
Eminent domain taking of parking lot constitutes inverse condemnation of related suburban office building. Mueller, Scott B. Jan 1, 2018 713
Evidence of use of real estate and testator's intent necessary to determine elements in real estate bequest. Mueller, Scott B. Jan 1, 2018 1384
Trial court has discretion to allow expert appraisal testimony based on independent opinion developed using investor formula. Mueller, Scott B. Jan 1, 2018 670
Lawsuit alleges Cook Assessor Berrios shifts property taxes to poor. Dec 15, 2017 412
Lawsuit alleges Cook Assessor Berrios shifts property taxes to poor. Dec 15, 2017 205
Mass appraisal is not necessarily a due process violation. Jun 22, 2017 583
Value of low-income housing tax credits should be excluded from income approach valuation of affordable housing development. Mar 22, 2017 741
Lease with above-market rental rate does not nullify income approach valuation. Mar 22, 2017 553
Appraisals for financing may not adequately reflect tax value. Mar 22, 2017 661
Leased fee appraisal unhelpful for valuing actual property value in tax appeal. Mar 22, 2017 682
Speculative value of fracking potential fails to change divorce award. Mar 22, 2017 519
Federally subsidized housing requires unique Consideration in tax assessment valuation. Mar 22, 2017 1050
Appraiser should not assume legal access to landlocked property. Mar 22, 2017 1066
Appraisal that adhered to standard methods of appraisal prevailed over a weighted-average approach. Jan 1, 2017 580
Appraisal relying on testimony by property owners supported recovery for nuisance and for diminution in property value. Jan 1, 2017 642
The lease rate of a retail chain pharmacy was material in determining the tax assessment value of the fee simple interest. Jan 1, 2017 605
To determine fair market rent in a commercial lease, parties were not bound solely by consideration of the lease's enumerated factors. Jan 1, 2017 559
Bankruptcy reorganization plan not economically feasible because value of assets insufficient to meet cash flow projections. Jan 1, 2017 551
Short sales and relocation sales cannot be used as comparables to develop opinion of market value. Jan 1, 2017 572
Appraisal of farmland was not speculative, so in-kind partition of farmland was found to be practicable and equitable. Jan 1, 2017 511
Recent court decision on real estate and valuation. Weinberger, Alan M.; Mueller, Scott B. Sep 22, 2016 6863
A jury may determine fair market value within a range of appropriate values based on expert appraisal evidence. Case overview Mar 22, 2016 753
Environmental stigma may reduce fair market value of property. Case overview Mar 22, 2016 837
Correctness of appraisal is for jury to decide because it rests on credibility of expert witness. Mar 22, 2016 601
Evidence showing what hypothetical buyer-developer would pay may be considered in determining value of remainder. Mar 22, 2016 636
Trial court did not abuse its discretion in conducting hearing to determine fair market value of foreclosed property. Mar 22, 2016 533
Property owner may be entitled to compensation for both the fair market value of the property and business losses in a taking. Case overview Mar 22, 2016 815
Appraiser does not owe duty to property owners that did not request or review appraisals. Case overview Mar 22, 2016 643
Purchaser who uses third-party appraisal to apply for loan admits to validity of appraisal through adoptive admission. Case overview Mar 22, 2016 816
Beginning renovations prior to appraisal and failure to provide proof of damages irreparably prejudiced insurer. Jan 1, 2016 389
Subsurface minerals may be used to determine property's value under income capitalization approach. Jan 1, 2016 554
Cape Cod-style home not sufficiently similar to a ranch-style home to be used as comparable sale. Jan 1, 2016 552
Tax court's methodology for determining value of special-purpose property not sufficient to calculate external obsolescence. Jan 1, 2016 625
Tax court did not abuse its discretion when it relied on well-explained appraisal analyses. Jan 1, 2016 523
Austin Sues Texas Over "Unequal" Property Appraisal System. Aug 24, 2015 1112
A lump sum appraisal under an insurance policy that requires itemized appraisal award may be valid. Weinberger, Alan M. Mar 22, 2014 436
In context of sale of partial interest, highest and best use of land may be used to determine fair market value. Weinberger, Alan M. Mar 22, 2014 489
Tax court abused discretion when it failed to explain reasoning for fundamentally changing how it determined overall capitalization rate. Jan 1, 2014 856
In Delaware, amount reasonably believed to be just compensation must account for change in highest and best use of property. Jan 1, 2014 481
Delay of seven days will not support finding of waiver of right to appraisal. Jan 1, 2014 423
Absent written agreement between insured and insurer, insurer not required to participate in appraisal to settle claim. Brief article Jan 1, 2014 214
In Alabama, appraisers do not have authority to decide questions of coverage and liability under insurance policy. Brief article Jan 1, 2014 262
In Florida, standard of review for ad valorem tax assessments not whether there is any reasonable hypothesis to support them. Brief article Jan 1, 2014 295
Federal bankruptcy appellate courts hold low-income housing tax credits affect value of land, ultimately impacting appraisal. Jan 1, 2014 327
Assessors have authority to use mass appraisal systems to derive estimated market value. Jan 1, 2014 466
Dissatisfaction with contractual appraisal not sufficient to establish standing. Brief article Sep 22, 2013 294
Lender involved in financing property, but not appraisal, not liable for allegedly fraudulent appraisal. Sep 22, 2013 221
Tax assessor's valuation is competent evidence of value in probate estate administration. Sep 22, 2013 434
In Connecticut, assessor may use hypothetical condition for property tax valuation. Weinberger, Alan M. Jun 22, 2013 535
Court may adopt appraiser's determination that highest and best use of commercial lots was residential use. Weinberger, Alan M. Jun 22, 2013 520
If sales comparison approach fails to establish value, assessor may use other appraisal methods, including mass-market software, to determine fair market value. Weinberger, Alan M. Jun 22, 2013 566
The value of credit a borrower is entitled to on defaulted mortgage determined at time of judicial sale, not at time of subsequent resale. Weinberger, Alan M. Jun 22, 2013 620
Trial judge abused discretion when admitted appraisal into evidence without evaluating appraiser as foundational witness. Weinberger, Alan M. Jun 22, 2013 604
Trial court did not abuse discretion by awarding attorney fees for three separate appraisal orders that resulted from single appeal. Weinberger, Alan M. Jan 1, 2013 470
Property quality ratings must be based on substantial evidence. Weinberger, Alan M. Jan 1, 2013 657
Where appraisal is not required, state-certified assessor may produce "valuation disclosure" in support of property tax assessments. Weinberger, Alan M. Jan 1, 2013 488
An appraiser's reservations about assumptions for highest and best use of undeveloped land will not render the appraiser's valuation testimony irrelevant. Weinberger, Alan M. Column Sep 22, 2012 572
Property sales that occurred after town-wide reappraisal could not be used to establish valuation. Weinberger, Alan M. Column Sep 22, 2012 552
Sound advice: Al advises U.S. sentencing Commission to require appraisals. Stephens, Sara W. Mar 22, 2012 305
Taxpayer's challenge of assessor's fair market value does not give assessor right to enter taxpayer's home. Weinberger, Alan M. Case overview Jun 22, 2011 549
Two noncontiguous apartment complexes are not required to be valued as a single economic unit when they can function and be sold separately. Weinberger, Alan M. Case overview Jun 22, 2011 586
Land occupied by a billboard can be valued independently from the rest of the property. Weinberger, Alan M. Case overview Jun 22, 2011 649
A defaulting purchaser's risk and expense is limited to the damages resulting from his default. Weinberger, Alan M. Case overview Jun 22, 2011 597
A 64% loss is not a sufficient diminution in value to demonstrate a de facto taking. Weinberger, Alan M. Case overview Jun 22, 2011 473
Revisiting the valuation of timberland--terminology, methods, and case studies. Kobriger, Kim M.; Boone, Cameron; Weiss, James; Chambers, Andrew Report Jun 22, 2011 6609
An interloping purchaser is not entitled to entrepreneurial or residual profits. Weinberger, Alan M. Mar 22, 2011 613
A restricted use appraisal is not sufficient to overcome presumption of validity of an assessor's determination of value. Weinberger, Alan M. Jun 22, 2010 358
Market rent and actual rent are required when determining fair market value using the income capitalization approach. Weinberger, Alan M. Jun 22, 2010 406
Daubert and qualification of the appraisal expert witness. Hoyt, Richard W.; Aalberts, Robert J.; Poon, Percy Report Jun 22, 2010 5388
Highest bid at foreclosure auction was best indicator of market value. Jan 1, 2010 405
Compensation for property damages measured by loss in property value, not cost of restoring the property. Weinberger, Alan M. Sep 22, 2007 509
Property's market value not enhanced by owner's right to access underground gas reservoirs or by proximity to the reservoirs. Weinberger, Alan M. Sep 22, 2007 549
Improvements made by lessee are included in tax reassessment of property transferred subject to lease. Weinberger, Alan M. Mar 22, 2007 438
Tax cap protecting homestead property requires initial assessment of the property's fair market value. Weinberger, Alan M. Column Mar 22, 2007 544
Arm's-length transaction did not include financing. Brief article Jan 1, 2007 320
Before and after rule not exclusive method of measurement in partial condemnation case. Brief article Sep 22, 2006 322
Supplemental assessments limited to improvements on land, not changes in value of land. Brief article Sep 22, 2006 315
Possibility of assemblage not applied to taxation. Sep 22, 2006 381
Restricted access due to condemnation not compensable. Brief article Mar 22, 2006 212
Declining property value not cause to reevaluate taxpayer's property. Jun 22, 2005 324
Speculative appraisal not relevant in tax assessment case. Brief Article Jun 22, 2005 328
Expert testimony based on experience deemed reliable. Mar 22, 2005 360
Fair market value determined by current highest and best use. Mar 22, 2005 345
Testimony regarding value of land's future use deemed inadmissible. Jan 1, 2005 352
Proof of property tax discrimination does not require valuation of neighboring properties. Jun 22, 2004 365
Testimony on possible rezoning requires showing of reasonable probability. Brief Article Jun 22, 2004 294
Failure to use recognized appraisal methods sufficient to support imposition of sanctions. Jun 22, 2004 392
Lake Maumelle watershed at center of land use battle. Waldon, George Jun 21, 2004 1075
Future rezoning may be considered in determining just compensation. Brief Article Mar 22, 2004 292
Income capitalization approach rejected in valuation of truck stop partial taking. Mar 22, 2004 354
Reducing convenience of access not a compensable taking. Brief Article Mar 22, 2004 312
Donation does not invalidate rezoning. Mar 22, 2004 341
Cost of remediation appropriate to consider when determining value of contaminated property for ad valorem purposes. Mar 22, 2004 329
Recovery of litigation fees and expenses in federal condemnation proceedings under the equal access to justice act. Black, David S. Mar 22, 2004 6218
Unit rule violated when timber value added to land value. Jan 1, 2004 378
Opinion of value must be based on facts and data generally relied on by real estate experts. Brief Article Jan 1, 2004 310
Neighborhood desirability rating challenged. Brief Article Jan 1, 2004 246
Tax credits are intangible property and not included in the value of property. Brief Article Jan 1, 2004 274
Bridge closing ruled an exercise of police power, not an inverse condemnation. Brief Article Jan 1, 2004 295
Wooded area does not constitute "necessary support land" for tax assessment purposes. Brief Article Jan 1, 2004 275
Effect of environmental contamination, but not clean-up costs, considered in determining market value. Jan 1, 2004 311
City property held for resale is tax exempt. Brief Article Oct 1, 2003 288
Court rules that disaster relief for taxpayer not determined by comparative assessments. Oct 1, 2003 349
Cross-examination at a jury trial. (Features). Talmage, Paul Apr 1, 2003 3067
Expropriation and condemnation: The larger parcel. (Features). Sevelka, Tony Jan 1, 2003 15507

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