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Real Estate Training Needs Analysis:
Chapter 2 -
Course Descriptions

EMINENT DOMAIN

American Society of Farm Managers and Rural Appraisers

Course Number: A-25

Sponsoring Organization: Appraisal Institute

Course Description: This is an intermediate course designed to demonstrate techniques used in preparing value estimates on properties subject to acquisition under eminent domain law. Students learn that condemnation appraising is different than other types of appraising since the situations are hypothetical rather than factual. Additionally, students explore possible complications, such as severance damages, consequential damages, special and general benefits, condemnation blight, project enhancement, and inverse condemnation. Case studies and short examples are used to convey the basic procedures.

Topics include basic condemnation (definitions and examples); just compensation formula; bundle of rights; larger parcel; highest and best use zoning; approaches to value; partial takings; damages and benefits (including allocation); easements; appraiser relationships with attorneys, judges, and juries; trial preparation and participation; and trends in eminent domain law.

Target Audience:Appraisal professionals

Attendance Restrictions: This is an intermediate skill-level course. Completion of A-10 or American Society of Appraisers (ASA) RP201, A-12 (II), and A-20 are required, and successful completion of A-27 or equivalent is strongly recommended. An understanding of the income approach and discounting using a calculator is required.

Course Length:20 hours + 2-hour exam

Course Fee: ASFMRA member-$390
Nonmember-$500
Site fee-$40

Contact Information: Mary Elster
950 South Cherry Street, Suite 508
Denver, CO 80246-2664
Phone: (303) 758-3513
Fax: (303) 758-0190
E-mail :asfmra@agri-associations.org Web site: www.asfmra.org E-mail: asfmra@agri-associations.org
Website: www.asfmra.org

Keywords:Eminent Domain

International Right of Way Association

Course Number: 803

Sponsoring Organization: International Right of Way Association

Course Description: This course familiarizes students with the basic theories behind, and practical aspects of, the various laws, rules, and regulations applicable to acquisition of private property for public use through exercise of the power of eminent domain. Topics include introduction to eminent domain, primary sources of law, breakdown and analysis of the modern rule, just compensation and legal aspects of valuation, and rules of right-of-way professionals in eminent domain. (Recertification credit: 16 hours)

Target Audience:Real estate professionals

Attendance Restrictions: None

Course Length: 2 days

Course Fee:
Member-$280
Nonmember-$360

Contact Information:Connie Sanchez
Senior Course Coordinator
IRWA Headquarters
Pacifica Harbor Business Center #220
Torrance, CA 90502-1144
Phone: (310) 538-0233
Fax: (310) 538-1471
E-mail: sanchez@irwaonline.org
education@irwaonline.org
Website:www.irwaonline.org

Keywords: Eminent Domain

National Highway Institute

Course Number: 141036

Sponsoring Organization: National Highway Institute

Course Description: This course is designed to enhance the performance of attorneys, appraisers, and other expert witnesses in the delivery and presentation of testimony and arguments to obtain realistic court awards in eminent domain proceedings in the courtroom setting. The development of a team approach for effective presentation in condemnation actions is illustrated. The course presentation includes lectures with the use of visual aids, handouts, and interactive case studies. Each participant will receive a course manual that should serve as a valuable reference.

Upon completion of the course, participants will be able to:

• Identify valuation techniques, methodology, and practices associated with estimating fair market value and just compensation
• Describe the legal framework of eminent domain actions necessary to perform effectively as attorneys and expert witnesses
• Recognize the importance of a team approach, particularly when condemnation and/or complex valuation and/or legal issues are involved, and demonstrate how to choose a team and who should be involved
• Describe the basis for a proposed stipulated settlement, including documentation and the respective roles of the appraiser and attorney in the consummation of such a settlement; recognize the extent to which the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing State legislation applies to potential settlements, including the relationship of 49 CFR Part 24 to settlements
• Identify the advantages of a system for preparing for trial and the role of each team member in that system
• Recognize the importance of case management, including prioritization of cases, availability of resources, time limitations, and the effect of these elements of case management on the preparation and presentation of cases

The appraisal participants will be able to:

• Prepare valuation estimates through fully documented appraisals for condemnation purposes
• React to questions during deposition/interrogatory discovery and under direct examination by counsel representing the acquiring agency
• React to questions during deposition/interrogatory discovery and under cross-examination
• Recognize the purpose of technical legal courtroom actions of the attorneys and court, and generally how to react thereto, when such is necessary
• Recognize generally accepted courtroom decorum, particularly as it applies to expert witnesses in condemnation actions
• Provide valuation consultation services to the attorney

The legal participants will be able to:

• Recognize what constitutes acceptable valuation technique and the approaches used by the appraiser to fully document appraisal estimates for condemnation purposes based on applicable State law
• Describe how to elicit valuation testimony from the expert witness in a way to best present the acquiring agency's case
• Identify appraisal process and how to relate fair market value estimates to just compensation under applicable law and requirements
• Recognize when additional witnesses are necessary to provide expert testimony on technical and unusual elements of consideration, such as machinery and equipment, contaminated property, project design, environment, etc., and how to incorporate these witnesses' testimony into the overall case
• Know how and when to order additional appraisals
• Document a report of the trial
• Formulate a theory of a case that will be acceptable to the jury, based on the facts of the case and the theory's compatibility with the trial team
• Implement a system of preparation that makes trial preparation more efficient and cost effective
• Assemble and prepare a team of expert and fact witnesses that effectively present the theory of the case to the trier of fact
• Organize a case in a manner that allows an orderly and persuasive presentation to the trier of fact (CEUs: 1.8)

Target Audience:State highway and transportation agency and fee or contract attorneys and appraisers, and other potential expert witnesses working for State highway and transportation agencies. Specifically, beginning government attorneys acting as legal counsel in condemnation trials, as well as beginning- and intermediate-level appraisers acting as expert witnesses in condemnation trials

Attendance Restrictions: Participants should have a basic knowledge of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, including the implementing regulations of 49 CFR Part 24.

Course Length:3 days

Course Fee:
$345

Contact Information:Lynn Cadarr
National Highway Institute
4600 North Fairfax Drive, Suite 800
Arlington, VA 22203
Phone: (703) 235-0528
Fax: (703) 235-0593
E-mail: lynn.cadarr@fhwa.dot.gov
Website:www.nhi.fhwa.dot.gov

Keywords: Eminent Domain