The High Cost of What You Don t Buy

Transcription

1 The High Cost of What You Don t Buy The Complexity of Partial Acquisitions By: Donna Stinson, ASA, SR/WA, R/W-AC LA Certified General Real Estate Appraiser DOTD Chief Appraiser

2 Objectives Better communication/coordination of the various sections within DOTD involved in the project development process. Better design of projects taking all factors into consideration at the early stages of the project development process. Understand how real estate impacts the project development process.

3 Federal Laws And Regulations The 5th amendment of the U. S. Constitution states in part that, Private property shall not be taken without payment of just compensation and that No person shall be deprived of life, liberty or property without due process of law... These protections form the basis of a Federal Law known as the Uniform Act

4 Eminent Domain The power of the government to take private property for public purposes with payment of just compensation.

5 Act 851 of the 2006 Regular Session In every expropriation or action to take property pursuant to the provisions of this Section, a party has the right to trial by jury to determine whether or not the compensation is just, and the owner shall be compensated to the full extent of loss. Except as otherwise provided in this Constitution, the full extent of the owner s loss shall include but not be limited to, the appraised value of the property and all cost of relocation, inconvenience and any other damages actually incurred by the owner because of the expropriation.

6 Issues and/or Concepts that impact the Acquisition Process Perception of a substantial acquisition versus a small acquisition Typically, many believe that small acquisitions would have no and/or nominal impact. The impact of either scenario could be significant or there could be no impact.

7 Appraisal Considerations No two properties are the same. Highest and Best Use determinations impact compensation. Market reaction to location for any given property type may vary. Type of occupancy (owner or tenant).

8 Examples

9 Example 1: Acquisition from a large vacant agricultural tract Real Estate Issues Considered: Zoning - None Deed Restrictions Health Unit Sewer System Requirements Inconvenience Access Management/Ingress/Egress

10 Example 1: Acquisition from a large vacant agricultural tract The street view may look similar to this. But this may be what has been filed at the courthouse.

11 Example 2: Convenience Store Real Estate Issues Considered: Zoning Green Area/Landscaping requirements Parking Access Management/Ingress/Egress Traffic Flow on site before and after Proximity Environmental Issues Inconvenience

12 Example 2: Convenience Store

13 Example 2: Convenience Store

14 Example 2: Convenience Store Similar site plan showing more extensive required right of way.

15 Example 3: Convenience Store Real Estate Issues Considered: Zoning Green Area/Landscaping Requirements Parking Access Management/Ingress/Egress Traffic Flow on site before and after Proximity Environmental Issues Existing Lease of Convenience Store Additional Compensation Inconvenience

16 Example 3: Convenience Store Existing Site Plan with Required Right of Way

17 Example 3: Convenience Store Site Plan for Proposed Cure

18 Example 4: Restaurant Real Estate Issues Considered: Zoning versus Market Requirements Green Area/Landscaping Requirements Parking Access Management/Ingress/Egress Traffic Flow on site before and after Proximity Environmental Issues Additional Compensation Inconvenience

19 Example 4: Restaurant Existing Site Plan with Required Right of Way

20 Example 5: Retail Real Estate Issues Considered: Zoning Green Area/Landscaping Requirements Parking Access Management/Ingress/Egress Traffic Flow on site before and after Proximity Cost to Cure Severance Damages Inconvenience

21 Example 5: Retail Site Plan showing Required Right of Way

22 Example 5: Retail Proposed Cure

23 Example 6: Retail Real Estate Issues Considered: Zoning Green Area/Landscaping Requirements Parking Access Traffic Flow on site before and after Proximity Cost to Cure Inconvenience

24 Example 6: Retail Existing Site Plan showing Required Right of Way

25 Example 6: Retail Site Plan after acquisition of Required Right of Way

26 Example 6: Retail Proposed Cure

27 Example 7: Fast Food Restaurant 1 Real Estate Issues Considered: Zoning versus Market Requirements Franchise Requirements Green Area/Landscaping Requirements Playground Parking Access Traffic Flow on site before and after Proximity Cost to Cure Inconvenience

28 Example 7: Fast Food Restaurant 1 Existing Site Plan with Required Right of Way

29 Example 7: Fast Food Restaurant 1 Site Plan after acquisition of Required Right of Way

30 Example 7: Fast Food Restaurant 1 Proposed Cure

31 Example 8: Fast Food Restaurant 2 Real Estate Issues Considered: Zoning versus Market Requirements Franchise Requirements Green Area/Landscaping Requirements Playground Parking Access Traffic Flow on site before and after Proximity Inconvenience

32 Example 8: Fast Food Restaurant 2 Existing Site Plan showing Required Right of Way

33 Example 8: Fast Food Restaurant 2 Site Plan after acquisition of Required Right of Way

34 Example 9: Volunteer Fire Station Real Estate Issues Considered: Zoning - None Parking Access Health Unit Sewer System Requirements Traffic Flow on site before and after Improvement impacted by cost to cure Proximity Inconvenience

35 Example 9: Volunteer Fire Station

36 Example 9: Volunteer Fire Station

37 Example 9: Volunteer Fire Station

38 Example 10: Recreational Baseball Field (Private) Real Estate Issues Considered: Zoning None Parking Access Traffic Flow on site before and after Improvement impacted by cost to cure Severance Damage Inconvenience

39 Example 10: Recreational Baseball Field (Private)

40 Example 10: Recreational Baseball Field (Private) Detail of existing parking with Required Right of Way

41 Example 10: Recreational Baseball Field (Private) Detail of Proposed Cure

42 Example 11: Church Real Estate Issues Considered: Zoning None Health Unit Sewer System Requirements Parking Access Traffic Flow on site before and after Proximity Inconvenience

43 Example 11: Church Existing Site Plan with Parking

44 Example 11: Church Existing Site Plan showing Required Right of Way

45 Example 11: Church Proposed Parking Cure

46 Example 12: Residential Dwellings Proximity Damages No set distance from the new right of way line to the residence. Are based on the market in which an individual residence is situated. (Location specific).

47 Example 12: Residential Dwellings

48 Example 13: Roundabouts Real Estate Issues Considered: Multiple Businesses on Site Zoning Green Area/Landscaping Requirements Parking Access Management /Ingress/Egress Traffic Flow on site before and after Proximity Cost to Cure Environmental Issues Additional Compensation Inconvenience

49 Example 13: Existing Site Plan with Required Right of Way

50 Example 13: Revised Site Plan with Cure

51 Coming together is a beginning; Keeping together is a process; Working together is success. Henry Ford