Eminent Domain

Mark Polon, CCIM, ModeratorBonnie D. Roerig, MAIBill James, CCIM, MAI

M. Lance Coyle, MAI, SRA, CCIM

William M. James, CCIM, MAI

PresidentJames Real Estate Services

Bill James, CCIM, began his appraisal career in 1973 with the commercial and investment appraisal firm of Shorett and Riely in Seattle and opened the company's first branch office in Anchorage, Alaska. Residing in Denver since 1976, he earned an MBA degree from the University of Denver in Real Estate and Construction Management in 1979. Over the years, while conducting appraisals and market studies on a wide variety of semi-rural, residential, general and special purpose commercial and investment properties, he has managed re-zonings, development and redevelopment projects, and instructed appraisal courses. He has prepared and taught appraisal courses at the University of Denver, University of Colorado, Community College of Aurora, the Denver Metropolitan Commercial Association of Realtors, and the Colorado Association of Realtors. In 2008 James was publicly elected to the Board of Directors of the Regional Transportation District in the Denver metro area.

Bonnie D. Roerig, MAI

Principal and OwnerBonnie Roerig & Associates, LLC

Bonnie Roerig entered the real estate appraisal profession in 1970, principally in the Denver Metropolitan area, appraising a wide range of industrial and commercial real estate, development land, and income–producing property and has owned and managed her own firm since 1982. Her appraisal assignments include mortgage loans, purchase/sale or lease purposes, estate taxation, IRS needs, and eminent domain proceedings. The firm is currently involved in appraisals and/or Federal appraisal reviews for the FasTracks project of the Regional Transportation District, was a principal appraisal company for the City and County of Denver when acquiring the land needed for Denver International Airport. Roerig is an AQB Certified USPAP Instructor and has taught appraisal standards and ethics for the Appraisal Institute and other course providers since the mid-1980s.

M. Lance Coyle, CCIM, MAI, SRA

CEOCoyle Realty Advisors

M. Lance Coyle, CCIM, is the 2013 Vice President of the Appraisal Institute and will succeed to President of the Appraisal Institute in 2015. He is the principal of Coyle Realty Advisors, a Dallas based real estate services firm engaged primarily in commercial property litigation support and expert witness testimony and has been engaged in commercial real estate analysis for nearly 30 years.

Mr. Coyle is a member of the Appraisal Institute faculty and has been a guest lecturer at several Eminent Domain conferences. He was a reviewer of two Appraisal Institute books: Market Analysis for Real Estate and Real Estate Damages and was part of the development team for the Advanced Concepts course.

5th Amendment U.S. Constitution

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or

indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any

person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any

criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process

of law; nor shall private property be taken for public use, without just compensation.

Federal Rule Value of the Property Before the Taking- Value of the Property After the Taking

= Just Compensation

State Rule (Basic) Value of the Property Before the Taking- Value of the Part Taken

= Remainder Value Before the Taking- Remainder Value After the Taking

= Damages (Net of Benefits) to Remainder+ Value of the Part Taken

= Just Compensation

Estimating Just Compensation

(Partial Takings Cases)

Some Important Concepts

Partial Acquisitions/Whole Acquisitions

The Larger Parcel Scope of the Project Rule Front Land-Rear Land Concept Property Rights Acquired

Condemnation Observations Most cases governed by State law -- every State is different

Statutes Case Law Procedures What is compensable

Vast and complex body of knowledge required to navigate Condemnation is an adversarial process -- Nobody likes it Goal should be fairness to property owner and fairness to

taxpayers Today’s Discussion: Mostly landowner’s perspective -- How

can a CCIM best assist a property owner/asset manager?

What to DoWhat Not to Do

Don’t try to negotiate a complex taking case

without legal representation and valuation expertise.

Don’t play “keep away”with data.

(Like rent rolls, income, expenses, vacancy)

Don’t be greedy.

A takings case is not a profit making opportunity.

Even if you win, you probably lose. Jurors and commissioners may be suspicious

of your claims anyway.

Things that diminish value in the real world

are not always compensable in the

condemnation world.

Don’t assume a city will “grandfather” in any

resulting non-compliance.

Don’t assume that a small taking has a

correspondingly small effect on the remainder.

Don’t assume you can use a condemnation

appraisal for a loan or tax appeal

(or vice versa).

Eminent DomainQuestions?

Mark Polon, CCIM, ModeratorBonnie D. Roerig, MAIBill James, CCIM, MAI

M. Lance Coyle, MAI, SRA, CCIM