Is Across-the-Fence Value Equal to Market Value?

Similar documents
Across-the-Fence Value and Hostage Occupancy Agreements

Misconceptions about Across-the-Fence Methodology

Anatomy Of An Appraisal

Guide Note 6 Consideration of Hazardous Substances in the Appraisal Process

Guide Note 15 Assumptions and Hypothetical Conditions

Land, Agricultural Improvements, CAFO, Rural Residence, Farm

2018 SCCAI RESIDENTIAL SYMPOSIUM USPAP OF THE FUTURE. Paula Konikoff, JD, MAI, AI GRS

Restricted Use Appraisal Report Residential

Paragraph s 8, 9, and 10 from NACVA. Letter of October 27, 2016

Marla L. Britton, SR/WA Senior Associate SRF Consulting Group, Inc.

Restricted Use Appraisal Report Residential

How to Read a Real Estate Appraisal Report

Presented by Appraisal Institute Canada & Appraisal Institute

SUBJECT: The Appraisal of Real Property That May Be Impacted by Environmental Contamination

BUSINESS PROPERTY THE REAL VALUE OF. New Minnesota law gives appraisers a way to establish minimum compensation in eminent domain cases

Index of Examples. Chapter 1 Letter of Transmittal Chapter 2 General Assumptions and Limiting Conditions... 19

Appraisal Review for Appraiser Regulators

What/Who Determines that an Appraiser is Qualified in our Program?

VALUE FINDING APPRAISAL REPORT

Basic Appraisal Procedures

CALIFORNIA SUPREME COURT AT THE INTERSECTION OF DEDICATIONS AND TAKINGS (whatever that means)

Please find attached a brief overview of our services and an informative review of Chase Group s SBA-compliant business valuation services.

Conservation Easement Appraisals. Applicability. Part I: Appraisal Concepts and Methods of Valuation

REPORTING GUIDELINES FOR REAL ESTATE APPRAISAL REPORTS

THE APPRAISAL OF REAL ESTATE 3 RD CANADIAN EDITION BUSI 330

Hypothetical Condition. USPAP defines an Extraordinary Assumption as:

CITY OF FORT COLLINS NATURAL AREAS AND CONSERVED LANDS EASEMENT POLICY

Collateral Valuation Matters Improving Client s Appraisal Experience with Farmer Mac. April 18, 2017

APPRAISAL INSTITUTE SPEECH

Appraisal and Market Analysis of Indoor Waterpark Resorts

Uniform Residential Appraisal Report (URAR) Model Appraisal

We value... Fairness Integrity Efficiency

RESIDUAL ANALYSIS PRINCIPLES AND PROCEEDURES

To all Appraisers: Brief Overview:

Land / Site Valuation A Basic Review. Leslie G. Pruitt Certified General Appraiser

APPRAISAL REPORT OF GROSS ACRES/17.72± USABLE ACRES OF VACANT COMMERCIAL LAND

First Exposure Draft of proposed changes for the edition of the Uniform Standards of Professional Appraisal Practice

Industrial and Commercial Real Estate Appraisal Procedures

USPAP Update & The Difficult and Unusual RW Appraisal Assignments

619 STANDARD 2: REAL PROPERTY APPRAISAL, REPORTING

USPAP Q&A USPAP Q&A Issue Date: December 19, 2017

OHIO DEPARTMENT OF TRANSPORTATION OFFICE OF REAL ESTATE

Special Purpose Properties. Special Valuation Considerations

Chapter 35. The Appraiser's Sales Comparison Approach INTRODUCTION

APPRAISING COMMERCIAL INVESTMENT PROPERTY

SUBJECT: Unacceptable Assignment Conditions in Real Property Appraisal Assignments

APPRAISAL REPORT OF THE STATE OF SOUTH DAKOTA PROPERTY A ACRE SITE LOCATED AT 1501 US HIGHWAY 14 BYPASS BROOKINGS, SOUTH DAKOTA

THE WAIVER OF APPRAISAL

Collateral Valuation Matters Improving Client s Appraisal Experience with Farmer Mac

USPAP Q&A USPAP Q&A Issue Date: June 10, 2011

EDITION 7-HOUR RESIDENTIAL APPRAISAL REVIEW AND UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE (USPAP) COMPLIANCE COURSE

Prospective Market Value Development Rights at Angel Stadium of Anaheim Volume 1 & 2 As of October 16, Prepared For THE CITY OF ANAHEIM

MARKET VALUE BASIS OF VALUATION

Part 1. Estimating Land Value Using a Land Residual Technique Based on Discounted Cash Flow Analysis

General Market Analysis and Highest & Best Use. Learning Objectives

METHODOLOGY GUIDE VALUING LANDS IN TRANSITION IN ONTARIO. Valuation Date: January 1, 2016

DETERMINING AGENCY VALUE PART 2

PROPERTY APPRAISAL PROCEDURES. Budget, Finance & Audit Committee March 3, 2014

ORIGINAL PRONOUNCEMENTS

EN Official Journal of the European Union L 320/373

RE: Request for Comments on the Exposure Draft The Valuation of Forests dated November 16, 2012

absorption rate ad valorem appraisal broker price opinion capital gain

REED APPRAISAL COMPANY REAL PROPERTY APPRAISERS AND CONSULTANTS

6. Review of Property Value Impacts at Rapid Transit Stations and Lines

3.3 Acquisitions and Displacements/Relocations

Appraisal Review & Advisory Opinion 20 Controversy. Presenter: Lisa Kimbro, MAI, AI-GRS

FILE: EFFECTIVE DATE: May 15, 2013 AMENDMENT: 1

ILLINOIS HOUSING DEVELOPMENT AUTHORITY APPRAISAL SCOPE AND GUIDELINES December 2015

New Requirements for Pipeline Projects James D. Bradbury, PLLC

Natural Gas Pipelines: The Role of Conservation Commissions MASSACHUSETTS ASSOCIATION OF CONSERVATION COMMISSIONS

Code of Professional Ethics and Explanatory Comments

WALLER COUNTY APPRAISAL DISTRICT MASS APPRAISAL REPORT APPRAISAL YEAR 2018

Ohio Department of Transportation. Division of Engineering. Office of Real Estate. Synergy. Real Estate Business Analysis

Chapter 7. Valuation Using the Sales Comparison and Cost Approaches. Copyright 2010 by The McGraw-Hill Companies, Inc. All rights reserved.

2. Is the information in the contract section complete and accurate? Yes No Not Applicable If Yes, provide a brief summary.

Second Exposure Draft of proposed changes for the edition of the Uniform Standards of Professional Appraisal Practice

procedures Basic Appraisal F i n a l Examination #2 2 nd edition

Financial Accounting Series

Fair value implications for the real estate sector and example disclosures for real estate entities. Applying IFRS in Real Estate

49 AC ELGIN DEVELOPMENT SITE

PREPARATION OF THE DEMONSTRATION APPRAISAL REPORT

Residential Evaluation Report (RER) April, 2016

Real Estate Appraisal Professional Standards

ASA MTS CANDIDATE REPORT REVIEW CHECKLIST INSTRUCTIONS (Effective as of January 01, 2018) Basic Report Requirements and General Report Quality

Valuation Viewpoint 1

People, Property and Power Lines. Frequently asked questions about power lines on or near your property

GENERAL ASSESSMENT DEFINITIONS

APPRAISAL REVIEW REPORT

4. Parks and Recreation Fee Facility Needs and Cost Estimates Fee Calculation Nexus Findings 24

APPRAISAL REVIEW REPORT. April 7, Yasmi Govin, Director of Business and Property Management Broward County Aviation Department

INTRODUCTION MISSION OVERVIEW

The TAUREAN Residential Valuation System An Overview

AHDC. THA Affordable Housing Development Corp. Board of Directors Meeting

Rough Proportionality and the City of Austin. Prepared for the Austin Bar Association 2016 Land Development Seminar (9/30/16)

2016 Annual Report. Carmen Ottmer, Chief Appraiser AUSTIN COUNTY APPRAISAL DISTRICT 906 E. AMELIA ST., BELLVILLE, TEXAS 77418

SEPTEMBER 7, 2017 FINAL AGENDA SENIOR CITIZEN AND DISABLED RESIDENT TRANSPORTATION ADVISORY COMMITTEE REPORT (NEXT SCHEDULED REPORT DECEMBER 2017)

808 & 880 FOR SALE EAST MILL STREET 2 BUILDINGS LEASED TO SAN BERNARDINO COUNTY SOLD TOGETHER OR SEPARATELY

ASSESSMENT REVIEW BOARD

Impact of Wind Turbines on Market Value of Texas Rural Land

MODULE 7-A: APPRAISALS, BPOS AND USPAP

Transcription:

Is Across-the-Fence Value Equal to Market Value? IRWA Educational Conference San Diego, California June 16, 2015 John T. Schmick Shenehon Company

2 What is the goal of valuation assignments? Market Value Implied value as is USPAP requirement for hypothetical conditions and extraordinary assumptions

3 What is Across the Fence (ATF)? Valuation methodology used in valuing corridors Commonly used in negotiations for leasing or sale of corridor property Why are we asking this question? For years there have been questions about the reliability of ATF Many users or buyers of corridor property complain that it does not make sense

4 Background: Hunsperger, McGuire and Throupe, Transit Corridor Valuation: Issues and Methods, The Appraisal Journal, Summer 2012 Good article on the history and current application of ATF Methodology

5 Background (continued): ATF was adopted by the Interstate Commerce Commission in 1887 Has been in some form of use for over 100 years Millions of dollars of transactions have been based on the current use of ATF

6 ATF Process ATF methodology studies land values in the area of a corridor to determine the value of the corridor ATF presumes the corridor is worth at least as much as the lands through which it passes 1 Essentially the ATF methodology is a sales comparison approach to value 1 Hunsperger, McGuire and Throupe, Transit Corridor Valuation: Issues and Methods, The Appraisal Journal, Summer 2012.

7 ATF Process (continued) Land sales in the area are compared to a hypothetical typical lot Sale 1 Sale 2 Assumed Value Sale 3 Hypothetical Typical Lot Sale 4

8 ATF Process (continued) Adjustments for time, location and condition of sale ATF then assumes the value of the corridor is equal to the value of the hypothetical typical lot No direct comparison between the land sales and the corridor

9 ATF Process (continued) No adjustment for size, shape, topography or access Why? Rahn: 2 The rational for this is that, absent the corridor, the land beneath the corridor would be part of the adjacent parcels and share their access, shape, and topography. 2 Arthur G. Rahn, Corridor Valuation An Appraiser s Overview (Fairfield, CA: Arthur G. Rahn, October 2005), 18.

10 ATF Process (continued) Dolman and Seymour: 3 Each segment of the corridor is considered to be either part of, or made up of, one or more such typical parcels, thereby disregarding the size, shape, and access characteristics of the segment. 3 Dolman and Seymour, Valuation of Transportation/Communication Corridors, The Appraisal Journal (October 1978) 518.

11 Issues with the ATF Process ATF presumes the corridor is worth at least as much as the lands through which it passes Presumed + at least + is worth Assumed Minimum Value = AMV Extraordinary Assumption = USPAP Disclosure Requirement

12 Issues with ATF Process (continued) Uniform Standards of Professional Appraisal Practice USPAP Adopted January 30, 1989 by the Appraisal Standards Board ATF methodology continues to be used without modification to meet USPAP Standards

13 USPAP Definition 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

14 Extraordinary Assumption (continued) Comment: Presume as fact otherwise uncertain information about the physical, legal or economic characteristics of the subject property; or about the conditions external to the property, such as market conditions or trends; or about the integrity of data used in the analysis

15 USPAP Definition 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 the analysis

16 Hypothetical Condition (continued) Comment: Hypothetical conditions are contrary to known facts about physical, legal or economic characteristics of the subject property; or about the conditions external to the property, such as market conditions or trends; or about the integrity of data used in the analysis.

17 Definition (Dictionary of Real Estate Appraisal) Excess land: In regard to an improved site, the land not needed to serve or support the existing improvement. In regard to a vacant site or a site considered as though vacant, the land not needed to accommodate the site s primary highest and best use. Such land may be separated from the larger parcel and have its own highest and best use, or it may allow future expansion of the existing or anticipated improvement.

18 Surface Transportation Board City of Creede, CO v. Denver & Rio Grande Railway Historical Foundation, STB No. 35239 EB, May 3, 2005. Three questions from district court to the STB

19 STB Questions and Responses Question 1: Is the land on the outer portions of railroad s ROW necessary for the safe and convenient use of the central portion of the ROW, which is 25 feet wide and which accommodates the tracks and side clearance on both sides of the tracks?

20 STB Questions and Responses Response to Question 1 It cannot be said that property at the edge of the railroad s ROW is not needed for railroad transportation just because tracks or facilities are not physically located there now.

21 STB Questions and Responses Question 2: If the answer to Question 1 is negative, are the City of Creede s zoning ordinances applicable to the outer portions of the ROW or are these zoning ordinances preempted by federal law or invalidated because they conflict with the Commerce Clause of the U.S. Constitution?

22 STB Questions and Responses Question 3: If the answer to Question 1 is positive, are the City of Creede s zoning ordinances applicable to the outer portions of the ROW or are these ordinances preempted by federal law or invalidated because they conflict with the Commerce Clause of the U.S. Constitution?

23 STB Questions and Responses Response to Questions 2 and 3 To come within the Board s jurisdiction and the federal preemption provision, an activity must be both transportation and offered by a rail carrier. Conversely, state and local laws are not preempted where the activity is not transportation and is not offered by a rail carrier.

24 STB Questions and Responses Response to Questions 2 and 3 (continued) Example given is a hotel or restaurant on rail corridor land. Similarly, even if the property is being used for transportation purposes, the activity must be performed by a duly authorized rail carrier.

25 Rail Corridor Economics ATF fails to consider economic profile of the corridor STB created primary and secondary legal units Economic profile different between active rails and excess land

26 Rail Corridor Economics (continued) Facts: Active rail tracks: 100% demand for center portion of the corridor Excess land: Generally less than 100% demand for excess land

27 Rail Corridor Economics (continued) Active rail tracks Center 17 feet to 25 feet (no standard) Land residual method Railroad operating income attributed to land (miles of road) residual operating income per rail car per mile of road

28 Rail Corridor Economics (continued) Excess Land - Demand Actual Demand: What is there now? Reasonable potential demand new demand Survey potential users

29 Rail Corridor Economics (continued) Occupancy Issue Center 20 feet 100% demand Excess: Actual Reasonable potential new demand

30 Example 1 400-foot wide corridor with two tracks and one easement Active tracks: Center 40 feet Open field on one side (180-foot excess) ranch land or crops 100% surface demand State highway on other side (180-foot excess 40% surface demand + one 10-foot wide fiber optic easement)

31 Exhibit 1 Open field 100% surface demand 180 ft 100% demand 40% surface demand 5.6% subsurface demand Double Tracks Fiber optic line - 10 foot Highway ROW 180 ft 40 ft

32 Example 2 100-foot wide corridor with one track and two easements Active tracks: Center 20 feet Industrial property one side: 40 feet excess land zero surface demand Industrial property on other side with two 10-foot wide pipeline easements zero surface demand

33 Exhibit 2 Industrial Property Zero surface demand 40 ft 100% demand Single Tracks 20 ft Zero surface demand 50% subsurface demand Fiber optic line 1-10 foot Fiber optic line 2-10 foot Industrial Property 40 ft

34 AMV Implied Assumptions Equal market demand: Excess land and local land sales data has equal demand Equal function: Excess land and local land sales data has equal functional use Equal HBU: Excess land and local sales data has equal HBU

35 Central Flaws in ATF Methodology ATF does not identify the actual or as is value of the excess land in the corridor ATF produces an assumed minimum value based on hypothetical conditions ATF fails to disclose extraordinary assumptions and hypothetical conditions

36 Is Across-the-Fence Methodology Equal to Market Value? NO The ATF methodology, as currently used, is MISLEADING

37 Is There an Alternative? How to avoid the flaws of the ATF methodology Market-based appraisal methodology Recognize the primary and secondary use of the land (active tracks) Eliminate the AMV (Extraordinary Assumption) Recognize all physical, legal and financial differences and make appropriate adjustments

38 For more information Please see the article: Is Across the Fence Methodology Consistent with Professional Standards? By John T. Schmick and Jeffrey K Jones, MAI Appraisal Journal, Fall Issue, 2014

39 About John Schmick John is a highly respected and experienced appraiser who has prepared over 500 appraisals of commercial properties, special use properties, and easements. John s specialty area is corridor valuation. In particular, he values right of ways, pipelines, fiber optic lines, and high-voltage transmission lines. He is frequently called upon to provide litigation support for matters relating to these types of properties. John has published numerous articles in national journals describing valuation methodologies and is adjunct faculty at the University of St. Thomas. Shenehon Company 88 S. 10 th Street, Suite 400 Minneapolis, Minnesota Direct: 612.767.9444 jschmick@shenehon.com