Legal Question in Civil Litigation in New Jersey
eminent domain/condemnation
are the comparables used by an appraiser supposed to be comparable to the subject lot being condemned
3 Answers from Attorneys
Re: eminent domain/condemnation
Logically, yes. Generally, the purpose of an appraisal is to determine fair market value. A good definition of FMV is the price that a sale would take place between a willing buyer and a willing seller, each fully informed and neither under a compulsion to buy or sell. In a forced sale, there is no willing seller, so it is necessary to estimate what FMV would be using other criteria. Comparables are one such. A competent appraisal should generally compare similar properties pointing out their differences and the effect of those differences on value.
If you have an issue with an appraisal, you first recourse is to commission an appraiser of your own.
If I can be of further help to you, call or email.
See also: http://info.corbettlaw.net/lawguru.htm
Re: eminent domain/condemnation
what the other attorney did NOT say is this:
If there is any decent amount of money involved, get a lawyer. Find someone local who has fought condemnation proceedings before.
good luck to you. you will be better off with some assistance.
Re: eminent domain/condemnation
The appraisel is supposed to be based on the highest use of the real estate and a comparision to such similar uses
and not necessarily the current use of the property.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com