Appraisal Objection

OBJECTION TO CONDEMNOR'S APPRAISAL

IN THE [________________________________] COURT

[________________________________] COUNTY, STATE OF [________________________________]

[CONDEMNING AUTHORITY NAME],
Plaintiff/Petitioner,

v.

[________________________________],
Defendant/Property Owner(s),

Case No.: [________________________________]

Parcel No.: [________________________________]

PROPERTY OWNER'S OBJECTION TO CONDEMNOR'S APPRAISAL

COMES NOW the Defendant/Property Owner, [________________________________] ("Owner"), by and through undersigned counsel, and hereby files this Objection to the Appraisal submitted by [________________________________] ("Condemnor"). In support thereof, Owner states as follows:

I. INTRODUCTION

1. This is a condemnation action in which Condemnor seeks to acquire Owner's property located at [________________________________] for the [________________________________] project.

2. Condemnor has submitted an appraisal report dated [__/__/____], prepared by [________________________________] ("Condemnor's Appraiser"), which concludes that the fair market value of the subject property is $[____________].

3. Owner objects to Condemnor's Appraisal on the grounds that it fails to accurately determine fair market value and just compensation as required by the Fifth Amendment and applicable law.

4. Owner's appraisal, prepared by [________________________________], concludes that the fair market value is $[____________], a difference of $[____________].

II. SUMMARY OF APPRAISAL VALUES

III. SPECIFIC OBJECTIONS TO CONDEMNOR'S APPRAISAL

A. Methodology Objections

☐ Improper Valuation Approach

Condemnor's Appraiser improperly relied upon the [________________________________] approach when the [________________________________] approach would have been more appropriate given the property's characteristics and highest and best use.

Specific objection: [________________________________]

☐ Failure to Consider All Applicable Approaches

USPAP and accepted appraisal standards require consideration of all applicable valuation approaches. Condemnor's Appraiser failed to consider:

• ☐ Sales Comparison Approach
• ☐ Income Capitalization Approach
• ☐ Cost Approach
• ☐ Other: [________________________________]

☐ Improper Reconciliation of Value Approaches

Condemnor's Appraiser gave improper weight to [________________________________] approach while disregarding or underweighting the more reliable [________________________________] approach.

B. Comparable Sales Objections

☐ Non-Comparable Sales Used

The following sales used by Condemnor's Appraiser are not truly comparable to the subject property:

☐ Better Comparable Sales Ignored

Condemnor's Appraiser ignored the following more comparable sales:

☐ Improper Adjustments to Comparable Sales

The adjustments applied to comparable sales are improper or unsupported:

C. Highest and Best Use Objections

☐ Incorrect Highest and Best Use Determination

Condemnor's Appraiser incorrectly determined the highest and best use of the property to be [________________________________] when the proper highest and best use is [________________________________].

Supporting factors:

• ☐ Zoning allows: [________________________________]
• ☐ Market demand supports: [________________________________]
• ☐ Physical characteristics permit: [________________________________]
• ☐ Financial feasibility demonstrates: [________________________________]

☐ Failure to Consider Reasonably Probable Zoning Change

Condemnor's Appraiser failed to consider the reasonably probable change in zoning from [________________________________] to [________________________________], which was [pending/approved/likely] at the time of valuation.

☐ Undervaluation Due to Project Influence

Condemnor's Appraiser improperly reduced value based on the influence of the condemning project itself, in violation of the project influence rule. The property should be valued as if the project did not exist.

D. Physical Property Objections

☐ Incorrect Property Description

Condemnor's Appraiser incorrectly described the subject property:

☐ Failure to Properly Inspect Property

Condemnor's Appraiser failed to conduct an adequate inspection of the property, as evidenced by:
[________________________________]

☐ Undervaluation of Improvements

Condemnor's Appraiser undervalued the following improvements:

E. Severance Damage Objections (Partial Takings)

☐ Failure to Properly Calculate Severance Damages

Condemnor's Appraiser failed to properly calculate severance damages to the remainder property.

☐ Underestimation of Access Impacts

The appraisal underestimates the impact of [________________________________] on access to the remainder property.

☐ Failure to Consider Proximity Damages

The appraisal fails to adequately consider damages from proximity to [________________________________].

☐ Improper Cost to Cure Analysis

The appraisal's cost to cure analysis is deficient because:
[________________________________]

F. Income Approach Objections (Income-Producing Property)

☐ Incorrect Rental Income Assumptions

☐ Improper Capitalization Rate

Condemnor's Appraiser used a capitalization rate of [____]%, which is too [high/low]. The appropriate cap rate is [____]% based on:
[________________________________]

☐ Failure to Consider All Income Sources

The appraisal failed to consider income from:
[________________________________]

G. USPAP and Professional Standards Violations

☐ USPAP Violations

Condemnor's Appraisal violates the Uniform Standards of Professional Appraisal Practice in the following respects:

• ☐ Standard 1 violation: [________________________________]
• ☐ Standard 2 violation: [________________________________]
• ☐ Ethics Rule violation: [________________________________]
• ☐ Competency Rule violation: [________________________________]
• ☐ Other: [________________________________]

☐ Bias or Lack of Independence

The appraisal demonstrates bias or lack of independence, as evidenced by:
[________________________________]

H. Date of Value Objections

☐ Incorrect Valuation Date

Condemnor's Appraiser used [__/__/____] as the date of valuation when the proper date should be [__/__/____].

☐ Failure to Account for Market Changes

The appraisal fails to properly account for market changes between [________________________________].

IV. IMPACT OF OBJECTIONS ON VALUE

Based on the objections set forth above, the proper just compensation should be calculated as follows:

V. RELIEF REQUESTED

WHEREFORE, Owner respectfully requests that this Court:

1. ☐ Sustain Owner's objections to Condemnor's Appraisal;

2. ☐ Exclude Condemnor's Appraisal or limit its use due to the deficiencies identified;

3. ☐ Order Condemnor to provide a revised appraisal addressing the deficiencies;

4. ☐ Permit Owner's expert appraiser to testify regarding the deficiencies in Condemnor's Appraisal;

5. ☐ Determine just compensation based on Owner's Appraisal or evidence presented at trial;

6. ☐ Award Owner attorney's fees and expert costs as permitted by law;

7. ☐ Grant such other relief as the Court deems just and proper.

Respectfully submitted,

Attorney Signature: [________________________________]

Printed Name: [________________________________]

State Bar No.: [________________________________]

Firm Name: [________________________________]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Date: [__/__/____]

Attorney for Property Owner

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of this Objection to Condemnor's Appraisal was served upon:

[________________________________]

[________________________________]

☐ By personal delivery
☐ By U.S. Mail, postage prepaid
☐ By electronic filing/service
☐ By other means: [________________________________]

Signature: [________________________________]

Date: [__/__/____]

EXHIBITS

☐ Exhibit A: Condemnor's Appraisal Report
☐ Exhibit B: Owner's Appraisal Report
☐ Exhibit C: Comparable Sales Analysis
☐ Exhibit D: Market Data Supporting Objections
☐ Exhibit E: Expert Report/Declaration
☐ Exhibit F: [________________________________]

APPRAISAL OBJECTION CHECKLIST

Before Filing:

☐ Obtained and thoroughly reviewed Condemnor's appraisal
☐ Commissioned independent appraisal from qualified expert
☐ Identified specific deficiencies in methodology
☐ Gathered supporting market data
☐ Consulted with appraiser on objections
☐ Verified filing deadline

Common Appraisal Deficiencies:

☐ Use of non-comparable sales
☐ Failure to consider best comparables
☐ Unsupported adjustments
☐ Wrong highest and best use
☐ Incorrect physical description
☐ Project influence contamination
☐ Inadequate severance damage analysis
☐ USPAP violations
☐ Outdated market data
☐ Mathematical errors

STATE-SPECIFIC CONSIDERATIONS

California

Cal. Evid. Code § 810 et seq. governs appraisal evidence in eminent domain. Strict rules on comparable sales and adjustments.

Texas

Tex. Prop. Code § 21.0111 requires appraisal before making offer. Property owner entitled to copy of appraisal.

Florida

Fla. Stat. § 73.071 governs compensation. Business damages may be compensable.

New York

Em. Dom. Proc. Law § 506 governs appraisal disclosure requirements.

This template is provided for educational and informational purposes only. Appraisal disputes require expert analysis and vary by jurisdiction. Consult with a qualified attorney and appraiser licensed in your state.