Expert Testimony and Appraisal Reports - Is Change Good?

Expert Testimony and Appraisal Reports
Is Change Good?
Kurt C. Kielisch

The walnut paneled courtroom is nearly empty. The case being heard this morning does not warrant the interest of local court observers. This is a condemnation case about a utility easement running across the land of a property owner (plaintiff). Leaning back in their leather chairs sits a panel of three judges, grim faced, disinterested, maybe even a little bored. On the witness stand to their right with the goose neck microphone jutting out at him is a likeable fellow with graying temples and a brown tweed suit. He is just completing testimony explaining how he arrived at the "Before the Taking" and "After the Taking" values of the Plaintiff's property.

As an expert for the defendant, the appraiser demonstrates a good grasp of property values in the area. His testimony, while flat and uninspiring, is competent and factual. As the questions end, the few courtroom observers stir in anticipation of what is coming next- the cross examination. The attorney for the plaintiff remains seated behind the large pecan conference table. He pauses a moment as if in deep thought, adjusts his silver rimmed glasses and begins his line of questioning:

"Mr. Marks, did you complete this appraisal yourself?"

"Yes," responds the witness.

"You had no help from any outside source?"

"No, none."

"Mr. Marks, you completed two appraisals on this property, correct?"

"Yes."

"Why?"

"The first appraisal was prior to the date of the taking. The second appraisal was done in preparation for this trial and used the actual date of taking as required by law," responds the appraiser.

"Mr. Marks, did you change anything in your second appraisal?"

"Um, only the date of value, which in the second appraisal was the actual date of the taking."

"Nothing more?" prods the attorney.

"Well, maybe a few words, corrections, you know, like punctuation errors and misspellings." The appraiser begins to appear nervous.

The Plaintiff's attorney continues: "You changed nothing but a few punctuation and spelling errors?"

Appraiser, nodding, answers warily, "Yes, that's right."

"Mr. Marks, could you turn to page four of the second appraisal and read the definition of market value for the court?"

Mr. Marks reads the definition of market value out loud. His demeanor is not as confident as before. He suspects a trap is being laid. The attorney rising from his leather chair holds up two appraisals and asks, "Mr. Marks, is this the same definition you used in the first appraisal?"