Legal Question in Real Estate Law in California
Am I entitled to see the appraisal of my lot before I sell it to the city? City manager refuses to show me it. Just gives me a ball park value. Can I use Freedom of information Act to get this doc?
2 Answers from Attorneys
Just tell the city manager that unless you see the appraisal there is no sale. Having worked for ten years for a public entity and having had some of my own property taken via eminent domain, I know that public entities always make low ball offers on property they wish to take over. An appraisal would cost you between $500-$1,000 perhaps. Depending on the value of the property, it probably is worthwhile to get your own estimate as to the value of the property. If the City is offering you what the appraisal says is the value, why do they refuse to show you the estimate. Probably because they are offering less than the apprised value.
Going through the freedom of information act is a drawn out process that could cost a significant amount. If you fight them, it is highly unlikely that the city will reduce its offer. By looking at the local records for sales of similar properties, you should be able by yourself to come up with an estimate of its value.
If you are in an eminent domain proceeding, you need to use the discovery procedures provided for by law, and not file a separate FOIA request. If you are not in a lawsuit, I suggest you follow what Mr. Shers said.
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