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Zachary
Zachary, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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What do you know regarding TXDOT appraisal requirements and

Resolved Question:

What do you know regarding TXDOT appraisal requirements and process?
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.

Hi,

Are you referring to a proposal by TXDOT to take your property so they can build a road through it?

-ZDN

Customer: replied 1 year ago.

Sorry for delay, the answer is no. A private airport south of Houston, Texas wants to buy my adjacent property and somehow TXDOT is envolved. While the funds come from FAA, TXDOT NEGOTIATES THE DEAL AND IF ALL GO AS MINE, THERE HAS TO BE ANOTHER WAY. Although this is a "volunteer sale", it seems to be anything but as the offer presented by TXDOT after they hired their appraiser to come up with a value was awfully low! I have since been able to uncover local sales at about twice the value as their appraiser picked up comps out of the area. I don't see how they missed such local comps and now the only chance I have to conclude a deal, is likely to produce my own appraisal which will cost a considerable amount of money. I am not familiar with all this TXDOT stuff and wonder if my appraisal would be regarded or simply thrown in the trash can. Theirn appraiser was ruthless and his appraisal was so loaded with errors, they had to be by design to pull my value down.


 


 


 

Expert:  Zachary replied 1 year ago.

Thanks for your response.

Because this is not an emminent domain action (i.e., it is a voluntary sale) at this point, they cannot force TXDOT's appraisal on you. However, they will rely on TXDOT's appraisal unless you obtain your own appraisal report to counter their low offer. They won't raise their offer significantly based solely on your protests.

While it may be a significant expense, it will definitely be worth it if you can see that their appraisal is full of errors. The first step I would take is to contact some property appraisers and ask them them to take a look at the TXDOT appraisal and give you an opinion as to whether or not they could significantly improve on it before you agree to hire them.

TXDOT will not simply through the appraisal away and it would be a good investment.

Please let me know if you would like to discuss this matter further or if I could provide with other information.

-ZDN

Customer: replied 1 year ago.

Like you answer but want to clairify. Are you saying they, TXDOT, will not regard my disagreement with their appraisal and consider a couple of comps I can supply unless I hire an appraiser? And especially if I can prove the appraisal is with numerous faults?


 


Thanks again

Expert:  Zachary replied 1 year ago.
Hi,

Not necessarily. Your ability to pick out the faults with TXDOT's appraisal and to show comps that contradict their findings can act as a reasonable basis on which you can determine the correct value of the land and ask for a higher price. The problem is that TXDOT may simply say that because you are not an appraiser and because you have not demonstrated any specialized skills or training, that your conclusions are not trustworthy and thus not truly consider your demand to raise the offer as seriously as they would if you did hire your own appraiser.

Again, this is a voluntary purchase request from the FAA. They cannot force it on you unless there is an eminent domain action. You might attempt the objection to TXDOT's approval your self, and if they object that you are not an appraiser and won't listen to your objections, hire an appraiser at that point.

-ZDN
Zachary, Attorney
Category: Legal
Satisfied Customers: 3814
Experience: Lead trial/International commercial attorney licensed 11 yrs
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