We have worked with appraisers and focus on highest and best use analysis and eminent domain and police power access takings. But few appraisers understand design. We provided evidence in access cases showing improper analysis and inadequate information by the condemning authority involving highest and best use, larger partial conditions, movement patterns and comparables.
See: How to Measure the Effect of Access on Value.pdf from the fall, 2016 issue of Real Estate Review and Evading economic reality, published 2008 in the International Journal of Law and Management.
- Non-trespassory loss of access
We provided evidence in several cases showing improper analysis and inadequate information by the condemning authority involving highest and best use, larger partial conditions, movement patterns and comparables. Some involved a new light rail line and are identical to most access takings involving road changes.One was the first Colorado access case in almost three decades that a property owner's claim of substantial impairment of access was accepted. Another analysis successfully showed that loss of vehicular access eliminated multi-story development potential.
- Road widenings and pipeline easements
An owner of a multi-acre tract with industrial-commercial zoning in an area changing rapidly from agricultural to suburban had to grant a pipeline easement along the frontage. An owner of a large agricultural parcel with residential-commercial zoning next to a small shopping center had to give up a substantial amount of access due to widening reconfiguring the fronting arterial. Another owner of a high-end used car dealership was required to give up a frontage due to widening and reconfiguring the arterial.
By making larger parcel distinctions, analyzing development alternatives and required patterns of circulation, by examining factors affecting how drivers scan and perceive in their cone of vision and by showing the size, shape, position, visibility, internal and external configuration of the use in the before and after conditions, our work showed there were significant changes to the highest and best use of these properties that resulted in economic damage with settlements in favor of the property owners.