NOVEMBER 2022 | 37 THE OKLAHOMA BAR JOURNAL professional designations such as the MAI or SRA designation from the Appraisal Institute. These professional designations exceed the knowledge, training and experience of the minimal state licensure requirements. The MAI designation is for appraisers who evaluate all property types, while the SRA designation is focused on residential properties. The MAI and SRA designations from the Appraisal Institute are optimal for the appraiser who provides opinions of value, consulting, review appraisals and investment advice.61 Both designations require the appraiser to have either a bachelor’s degree or be a licensed certified general appraiser, pass intensive appraisal-specific classes, pass a final comprehensive examination, have good moral character and continuing education requirements.62 One of the first steps an appraiser takes is performing an analysis of the larger parcel. Identification of the larger parcel also plays into the highest and best use conclusion that will be developed later. The larger parcel theory is defined by the property’s use, contiguity and ownership. The identification of the larger parcel will have a significant impact on the property’s market value. Next, the subject’s highest and best use is developed. Highest and best use of the property must be reasonable, probable, physically possible, legally permissible, financially feasible and maximally productive. An accurate determination of the highest and best use is critical to proper valuation. When developing the market value of the property, it is essential for the appraiser to use proper data to support their conclusions. In eminent domain cases, unique damage issues arise. In those instances, special studies are needed to develop an opinion of market value. Those can include studies such as a proximity study, damage study, tree analysis, regression analysis, trending analysis, location quotient and hedonic price modeling. Each of these analyses will support the appraiser’s ultimate conclusion of just compensation owed to the landowners. Another vital service the appraiser provides is making an analysis of the other side’s appraisal. Appraisers may have differing opinions based on differing professional standards, supported or unsupported damage conclusions or the lack of competence in eminent domain appraisals. The appraiser will assist the attorney in reviewing the other side’s appraisal to see whether the appraiser is using direct market evidence or unsupported speculation for their conclusions. An appropriately developed appraisal should have market support for each and every conclusion made by the appraiser. MOVING THE CASE THROUGH DISCOVERY After either party demands trial, an eminent domain case proceeds identically like all other civil litigation except for one change: The burden of proof is on the landowner, the defendant in the case, to prove the value of the property being acquired. All discovery tools of the Oklahoma Discovery Code are available to both sides. From either the condemnor or condemnee’s perspective, requesting any appraisal of the property is a useful resource. The condemnor’s acquisition appraisal is admissible against the condemnor at trail.63 If the landowner is claiming the property as an income-generating resource, copies of previous tax returns can verify the landowner’s claim. Depositions are a valuable tool to have a complete understanding of the opposing side’s opinion of just compensation. At the deposition, obtaining a full and complete copy of the opposing appraiser’s report and work file is necessary in understanding their opinion of value. The workfile will contain all the supporting information for the appraiser’s findings and conclusions. The contents of the workfile, or more importantly what is
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