The Oklahoma Bar Journal November 2022

legal description of the taking. Additionally, it is common for the appraiser to visit the property for a physical inspection. This list is not exclusive because each emi nent domain case is unique. It is important for the appraiser to know what definition of value is required by the court. Market value is the most generally used definition of value found in the appraisal process. The Oklahoma Uniform Civil Jury Instructions defines fair market value as, “The amount of money which a buyer, who is willing but does not have to buy, would pay an owner, who is willing but does not have to sell, to buy the property. The fair market value of a property should be determined according to the highest and best use for which it is suitable, regardless of what it may have been used for in the past or what future use the land owner may have intended for it.” 59 It is imperative that the appraiser recognizes this definition of fair market value when making their opinion of just compensation. In the state of Oklahoma, there are three different levels of appraisal licensure: trainee, certi fied residential and certified gen eral. 60 Each level of licensure has specific training and educational requirements and limits to what type of property the appraiser may appraise. A certified general appraiser is licensed to appraise all property types throughout the state of Oklahoma, whether resi dential or commercial. A certified residential appraiser is limited to only appraise residential properties. A trainee is an individual, typi cally learning through a certified general appraiser, who is starting their journey to becoming a licensed appraiser in the state of Oklahoma. In addition to licensure type, the attorney should consider whether the appraiser holds any

a traditional appraisal, such as for a banking institution to secure a mortgage. Whether the attorney rep resents the condemnor or con demnee, there are numerous issues for the attorney to consider before an appraiser is selected. Some of the things the attorney should consider when choosing the right appraiser for a case is local knowledge of the appraiser, professional designation of the appraiser, type of property being appraised, previous eminent domain appraisal experience, geographic competency, level of state licensing and prior trial experience. Other important aspects to consider when choosing an appraiser is the expertise they possess in valuing different types of properties. Valuing a residential home for eminent domain pur poses is far different than valuing a convenience store or wind farm. The experience an appraiser has in valuing different types of real property is a key consideration. Once an appraiser is selected, a meeting with the appraiser and landowner is essential. This meeting is a great opportunity to ensure that both the attorney and appraiser are on the same page. At the initial meeting, the parties should discuss the spe cific property and the type(s) of property rights associated with the property the condemning authority is acquiring from the landowner. Typical types of acqui sitions in partial taking cases are fee acquisition, utility easements and temporary easements. The attorney should ask the appraiser what types of documents are needed to help them in develop ing an accurate and supportable appraisal. Appraisers commonly request surveys, previous apprais als on the property, the acquisi tion appraisal and notes and the

refitting and reestablishment costs due to the loss of either their home or business in the eminent domain case. Unlike in every other state, in Oklahoma, relocation costs and expenses are compensable items inside the eminent domain case for the jury to consider when determining the total amount of just compensation owed to the landowner. 57 Alternatively, a partial tak ing consists of the condemning authority acquiring only a part of the land owned by the land owner. Partial taking cases usu ally consist of the condemning authority acquiring a strip of land, either by fee or easement, from the landowner. In addition to the land acquired by the condemnor, the landowner may be compensated for any damages associated with the eminent domain action to the remaining property. The attorney must consider which witnesses are needed and, most importantly, which appraiser will be used at trial to establish just compensation in either type of case. Typical witnesses in eminent domain cases are the landowners, appraisers, representatives from the condemning authority and civil engineers. Other potential witnesses are property devel opment professionals, billboard valuators, government zoning representatives, real estate brokers, realtors, architects, planners and relocation, refitting and reestab lishment experts. As the only issue to determine in an eminent domain trial is just compensation owed to the land owner for the property taken plus damages to the remainder, if any, 58 the appraisers become the crucial witnesses in the case. An eminent domain appraisal is unlike a tradi tional appraisal. There are signifi cant requirements for an eminent domain appraisal compared with

36 | NOVEMBER 2022

THE OKLAHOMA BAR JOURNAL