Appraisal and Acquisition: A Collaborative Partnership Speakers: Burl Wilson, MAI, SRPA Wilson Real Estate, Inc. D. Wade Brown, SR/WA, R/W-RAC, R/W-NAC (Moderator) American Acquisition Group, LLC Wilson Real Estate

Florida has a reputation for being a bit… Weird … …buying right of way is no exception!

Effective July 1, 2000, before an eminent domain proceeding is brought under this chapter or chapter 74, the condemning authority must attempt to negotiate in good faith with the fee owner of the parcel to be acquired, must provide the fee owner with a written offer and, if requested, a copy of the appraisal upon which the offer is based, and must attempt to reach an agreement regarding the amount of compensation to be paid for the parcel. No later than the time the initial written or oral offer of compensation for acquisition is made to the fee owner, the condemning authority must notify the fee owner of the following: That the property is needed. The nature of the project. An appraisal will be provided. Owner’s rights and responsibilities. The condemning authority must also notify business owners separately of their rights and responsibilities. Business damage procedure, for businesses who qualify: Defined in FS (3b) An established business of more than 5 years standing on or after 01/01/2005. Before 01/01/2005, more than 4 years standing Owned by the land owner or located upon adjoining lands Damages to business may be reasonably caused by denial of the use of the property.

The court shall award attorney’s fees based solely on the benefits achieved for the client. The court may also consider nonmonetary benefits. Attorney’s fees based on benefits shall be awarded as follows: < $250,000 – 33% $250K – $1M – 25% > $1M – 20% In assessing attorney’s fees incurred when not otherwise provided for (OT, apportionment, supplemental proceedings): Novelty, difficulty, importance Skill employed by attorney The amount of money Responsibility of the attorney Attorney’s reasonable time and labor Customary fees Attorney fee made under subsection (1) In determining the amount of attorney’s fees to be paid by the petitioner under subsection (2), the court shall be guided by the fees the defendant would ordinarily be expected to pay for these services if the petitioner were not responsible for the payment of those fees.

In a sample of some 3,336 parcels since 2001, the settlement rates are as follows: FDOT statewide has paid in excess $183,834,188 to all property owner attorneys since # of Parcels Settled: Admin 77% FJ 23% % of Total $ of Parcels Settled: Admin 44% FJ 56% Increase Over Initial Appraisal: Admin 9% FJ 42%

Importance in Florida O Pre-suit negotiations O Lowers Expenses O Order of taking (OT) O Public Purpose O Necessity O Good Faith Estimate of Value O Appraisals necessary for OT O Current Date of Value O OT’s can be contested or stipulated

Appraiser/Acquisition Agent Relationship: Consistency O Sale Selection O Similar properties have the same sales O Should bracket the conclusion O Adjustments and Approaches O The same for similar properties O Adjustments to sales should be the same O Formatting O Information in the same place each report O USPAP v. DAGs

O Inspections O Best place to establish a rapport with owner O Control the participants O Pictures, Pictures, Pictures O Dealing with owner’s attorney O Communication O Appraisers, agents and clients O Know schedules and priorities O Get questions answered up front O Plan changes are important! Appraiser/Acquisition Agent Relationship: Coordination

O Know each other’s deadlines! O There is no magic button O Plan changes take time O What is the project certification date? Appraiser/Acquisition Agent Relationship: Coordination

Litigation O Discovery and Public Records O Florida public record laws O Write expecting the world to see it O Discovery will take advantage of what you must keep Phone O vs. Phone Call O Only attorney communications shielded O Beware chain s O A phone call with notes is easier to defend

Litigation O Depositions O The point where all the coordination matters O Everyone should know each position O Don’t stray from your expertise O Trial O Consistency and competency O The culmination of all this teamwork

O 2 lane rural to 4 lane divided from CR 218 to CR 219 (approximately 5 mile) O Acquisition of fee and slope easements (121 parcels; residential and commercial) O Responsible for providing turnkey r/w services from Title to Condemnation including mediation and trial O 18 months to certify right of way for construction letting, including condemnation O AAG provided all management of title, appraisal, and legal subconsultants O 60% settlement rate pre-condemnation O Responsible for being client in mediations / trial and chair business damage committee O Litigation concluded 1st quarter 2013 O Under County budget for entire project Henley Road/CR 739 Clay County, FL