Appraisal Review – As defined in USPAP: The act or process of developing and communication an opinion about the quality of another appraiser’s work that was performed as part of an appraisal or appraisal review assignment. Comment: The subject of an appraisal review assignment may be all or part of a report, workfile, or a combination of these (USPAP, DEFINITIONS Section)
Arbitration – In practice, the investigation and determination of a matter or matters of difference between contending parties, by one or more unofficial persons, chosen by the parties, and called “arbitrators,” or “referees.” Duren v. Getchell, 55 Me. 241; Henderson v. Beaton”, 52 Tex. 43; Boyden v. Lamb. 152 Mass. 416, 25 N. E. 609; In re Curtis-Castle Arbitration, 64 Conn. 501. 30 Atl. 769. 42 Am. St. Rep. 200. Compulsory arbitration is that which takes place when the consent of one of the parties is enforced by statutory provisions. Voluntary arbitration is that which takes place by mutual and free consent of the parties. In a wide sense, this term may embrace the whole method of thus settling controversies, and thus include all the various steps. But, in more strict use, the decision is separately spoken of, and called an “award,” and the “arbitration” denotes only the submission and hearing. (Black’s Law Dictionary)
Benefits – In eminent domain valuation, the advantageous factors that arise from a public improvement for which private property has been taken. The law in some jurisdictions makes a distinction between general and special benefits because only special benefits are considered in determining the value of the remainder in a partial acquisition. The distinction between special benefits and general benefits is both a factual and a legal question, so appraisers may need to consult legal counsel to resolve questions about the classification of benefits.
Client – The party or parties who engage, by employment or contract, an appraiser in a specific assignment. Comment: The client may be an individual, group, or entity, and may engage and communicate with the appraiser directly or through an agent. (Uniform Standards of Professional Appraisal Practice, 2012-2013 Ed.)
Complaint – In civil practice, in those states having a Code of Civil Procedure, the complaint is the first or initiatory pleading on the part of the plaintiff in a civil action. It corresponds to the declaration in the common-law practice. (Black’s Law Dictionary)
Condemnation – The act or process of enforcing the right of eminent domain. (The Dictionary of Real Estate Appraisal, 5th Edition.)
Cross Examination – The term used when a witness is examined by the opposing party in the suit before the court. (Black’s Law Dictionary)
Damages – In condemnation, the loss in value to the remainder in a partial taking of property. Generally, the difference between the value of the whole property before the taking and the value of the remainder after the taking is the measure of the value of the part taken and the damages to the remainder. Note that different regions of the country and different courts may use terms such as consequential damages and severance damages differently. (The Dictionary of Real Estate Appraisal, 5th Edition.)
Deposition – The testimony of a witness taken upon interrogatories, not in open court, but in pursuance of a commission to take testimony issued by a court, or under a general law on the subject, and reduced to writing and duly authenticated, and intended to be used upon the trial of an action in court. (Black’s Law Dictionary)
Direct Examination – The examination of a witness by the party who called him to court. (Black’s Law Dictionary)
Discovery – A legal procedure in which lawyers prepare for trial by obtaining factual information from an expert or fact witness(es) through written or oral questions. In discovery, an attorney may also have court authority to examine the files of all appraisals and related information for the purpose of preparing a case. (The Dictionary of Real Estate Appraisal, 5th Edition.)
Easement – The right to use another’s land for a stated purpose. (The Dictionary of Real Estate Appraisal, 5th Edition.) Temporary Easement – An easement granted for a specific purpose and applicable for a specific time period. A construction easement, for example, is terminated after the construction of the improvement and the unencumbered fee interest in the land reverts to the owner. (The Dictionary of Real Estate Appraisal, 5th Edition.)
Eminent Domain – The right of government to take private property for public use upon the payment of just compensation. The Fifth Amendment of the U.S. Constitution, also known as the takings clause, guarantees payment of just compensation upon appropriation of private property. (The Dictionary of Real Estate Appraisal, 5th Edition.)
Exhibit – 1. A document, record, or other tangible object formally introduced as evidence in court. 2. A document attached to and made part of a pleading, motion, contract, or other instrument. (Black’s Law Dictionary, 9th Ed.)
Extraordinary Assumption – An assumption, directly related to a specific assignment, as of the effective date of the assignment results, which, if found to be false, could alter the appraiser’s opinions or conclusions. Comment: Extraordinary assumptions presume as fact otherwise uncertain information about physical, legal, or economic characteristics of the subject property, such as market conditions or trends; or about the integrity of data used in an analysis. (Uniform Standards of Professional Appraisal Practice, 2012-2013 Ed.)
Hypothetical Condition – A condition directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results but is used for the purpose of analysis. Comment: Hypothetical conditions are contrary to known facts about physical, legal, or economic characteristics of the subject property; or about conditions or trends; or about the integrity of data used in the analysis. (Uniform Standards of Professional Appraisal Practice, 2012-2013 Ed.)
Intended Use – The use or uses of an appraiser’s reported appraisal, appraisal review, or appraisal consulting assignment opinions and conclusions, as identified by the appraiser based on communication with the client at the time of the assignment. (Uniform Standards of Professional Appraisal Practice, 2012-2013 Ed.)
Intended User –The client and any other party as identified, by name or type, as users of the appraisal, appraisal review, or appraisal consulting report by the appraiser on the basis of communication with the client at the time of the assignment. (Uniform Standards of Professional Appraisal Practice, 2012 2013 Ed.)
Interrogatories – A set or series of written questions drawn up for the purpose of being propounded to a party in equity, a garnishee, or a witness whose testimony is taken on deposition; a series of formal written questions used in the judicial examination of a party or a witness. In taking evidence on depositions, the interrogatories are usually prepared and settled by counsel, and reduced to writing in advance of the examination. Interrogatories are either direct or cross, the former being those which are put on behalf of the party calling a witness; the latter are those which are interposed by the adverse party. . (Black’s Law Dictionary)
Just Compensation – In condemnation, the amount of loss for which a property owner is compensated when his or her property is taken. Just compensation should put the owner in as good a position as he or she would be if the property had not been taken. (The Dictionary of Real Estate Appraisal, 5th Edition.) Comment: State rules may vary on the measure of just compensation. This definition is based upon the federal rule.
Larger Parcel – In condemnation, that tract or tracts of land which are under the beneficial control of a single individual or entity and have the same, or an integrated, highest and best use. Elements for consideration by the appraiser in deciding a determination in this regard are contiguity, or proximity, as it bears on the highest and best use of the property, unity of ownership, and unity of highest and best use.
Legal Instructions – “Instructions by the attorney to the appraiser on a matter of law are certainly a proper element to be expressed in the attorney-appraiser relationship, but instructions to the appraiser on valuation are another matter. The appraiser had the choice of accepting or rejecting the attorney’s premise. Once accepted without reservation, the premise becomes the appraiser’s responsibility”* [Divergences in Right-of-Way Valuations, National Cooperative Highway Research Program, Report No. 126 (Washington, D. C.: Highway Research Board, 1971), p. 10.] *This becomes a hypothetical condition in the appraisal.
Jurisdictional Exception – An assignment condition established by applicable law or regulation, which precludes an appraiser from complying with a part of USPAP. (Uniform Standards of Professional Appraisal Practice, 2012-2013 Ed.)
Mediation – Intervention; interposition; the act of a third person who interferes between two contending parties with a view to reconcile them or persuade them to adjust or settle their dispute. (Black’s Law Dictionary)
Produce – 1. To bring into existence; to create. 2. To provide (a document, witness, etc.) in response to subpoena or discovery request. (Black’s Law Dictionary, 9th Ed.)
Rebuttal – A legal term meaning evidence introduced by a party to meet new facts brought out in the opponent’s case in chief. Its function is to “explain, repel, counteract or disprove evidence of the adverse party.” (UASFLA 2016, p 82)
Redirect Examination – A second direct examination, after cross examination, the scope ordinarily being limited to matters covered during cross examination. Often shortened to Redirect.
Re-cross Examination – A second cross examination, after redirect examination. Often shortened to re-cross.
Right-of-way – A right to pass over land in some particular path; a strip of land used for transportation such as streets and roads, railways, utility lines, and for other private or public transportation uses. (The Dictionary of Real Estate Appraisal, 5th Edition.)
Taking – The acquisition of a parcel of land through condemnation. (The Dictionary of Real Estate Appraisal, 5th Edition.) – the party or parties who engage, by employment or contract, an appraiser in a specific assignment. Comment: The client may be an individual, group, or entity, and may engage and communicate with the appraiser directly or through an agent. (Uniform Standards of Professional Appraisal Practice, 2012-2013 Ed.)