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The primary evidence of fair market value in almost all eminent domain are appraisal reports created by the appraisers hired by both sides. Because of the difficulty in stopping the eminent domain process, and the sole issue typically being what just compensation is owed to a landowner, an eminent domain trial is often called a "battle of the ...
Fee simple value (known in the UK as freehold) – The most complete ownership in real estate, subject in common law countries to the powers reserved to the state (taxation, escheat, eminent domain, and police power) Leased fee value – This is simply the fee simple interest encumbered by a lease. If the lease is at market rent, then the ...
The Takings Clause does not provide a definition for just compensation, but American courts have held that the preferred measure of "just compensation" is "fair market value," i.e., the price that a willing but unpressured buyer would pay a willing but unpressured seller in a voluntary transaction, with both parties fully informed of the ...
Appraisal, real estate; Appraised value – An estimate of the present worth of a property; Appreciation; APR; Appurtenance; Appurtenant easement; ARELLO; Arm's length transaction; Arrears; Article 4 of the United States Constitution; Artificial person; Asking price; Assemblage; Assignee; Assignment; Assignment of contract; Assignor
The market value would be $225,000 ($250,000 site value minus $25,000 demolition cost). However, if the demolition costs rose to $55,000, the highest and best use would be the existing residential use, because the value as a commercial lot (now $195,000) would not exceed the existing value as a residence.
Popular mom-and-pop coffee shop resists New Hampshire city's attempt to seize property by eminent domain — family says moving could cost over $1 million Danielle Antosz October 23, 2024 at 4:34 AM
An appraiser performing and communicating an appraisal under USPAP may estimate value assuming facts and conditions proscribed by a legal presumption, but a determination would have to be made whether the assumption is an extraordinary assumption or hypothetical condition and communicated appropriately as required under USPAP.
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