Train Line Construction Provokes Eminent Domain Dispute


Diminutive Value ExpertThis is an eminent domain dispute involving the construction of a high-speed train line. A defendant rail company sought to acquire portions of private residential property from property owners along the proposed line route the line. State law required that the rail company provide just compensation to these property owners for the interest that it acquired, for severance damages or loss in property value suffered as a result of the partial taking, and of any adverse effects of the public project that necessitated the taking. It was alleged that the rail company and its appraisers failed to value the severance damages and have failed to mention the terms at all in the appraisals. An expert in real estate appraisal was sought to testify as to the fair market value of the properties subjected to the partial eminent domain for construction of the line.

Question(s) For Expert Witness

  • 1. Please briefly describe your experience in real estate appraisal.

Expert Witness Response E-090005

I began appraising in 1989 and have been licensed as a certified general real estate appraiser since 1993 when licensing was instituted. My appraisal business employed 4-5 appraisers. We performed residential and commercial appraisals for various lending institutions and individuals. I have served as an expert witness in district court, circuit court, tax court, and the office of administrative hearings for a state commission of real estate appraisers.

Expert Witness Response E-115162

I have performed before and after valuations of residential and commercial properties for condemnation and ROW assignments. I had completed a very similar case with a ROW which extended in the front yard of the home and resulted in a partial taking. I have performed these assignments for both private owners as plaintiffs as well as a state highway administration. I have testified in state tax court and for some federal government cases including the IRS.

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