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WORKING WITH APPRAISERS AND OTHER EXPERTS – MAKING IT REAL FOR THE JUDGE AND JURY

WORKING WITH APPRAISERS AND OTHER EXPERTS – MAKING IT REAL FOR THE JUDGE AND JURY. GARY C. WEISBERG, ESQ. MICHAEL F. WALDRON, MAI JOYCE L. RIGGS, MAI, SR/WA. OBSTACLES TO “MAKING IT REAL”. Abstract Principles and Concepts. Fair Market Value Definition Highest and Best Use

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WORKING WITH APPRAISERS AND OTHER EXPERTS – MAKING IT REAL FOR THE JUDGE AND JURY

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  1. WORKINGWITH APPRAISERS AND OTHER EXPERTS – MAKING IT REAL FOR THE JUDGE AND JURY GARY C. WEISBERG, ESQ. MICHAEL F. WALDRON, MAI JOYCE L. RIGGS, MAI, SR/WA

  2. OBSTACLES TO “MAKING IT REAL” • Abstract Principles and Concepts • Fair Market Value Definition • Highest and Best Use • Project Influence

  3. OTHER POTENTIAL OBSTACLES • The Human Factor (a.k.a. “Know Thy Audience”) • Judicial Temperament • Skilled Opponent • Juror Mindset

  4. A HOSTILE ENVIRONMENT

  5. A HOSTILE ENVIRONMENT?

  6. FACTORS THAT MIGHT CREATE HOSTILITY IN THE COURTROOM…

  7. THE GATEKEEPER • Unfamiliar with eminent domain • Disinterest in subject matter • Unrealistic time constraints

  8. THE DECISION MAKERS

  9. JUROR BOREDOM(Actual Twitter Comments) • "Bored at jury duty despite bringing books. This is like being forced to hang out at the DMV all day when you don't own a car." • Jury room rule #3: telling the judge you need to go home because you are bored out of your mind will not work.

  10. PANELISTS’ FAVORITE(Actual Twitter Comments) • “Jury duty is at least seventy times more boring than I thought it could possibly be. Just unbelievably long periods of me wanting to stab my eyes out with my identification card.”

  11. MEDIA INFLUENCE

  12. LIFE POST- KELO

  13. 3 KEY COMPONENTS TO “MAKING IT REAL” • PREPARE • PERSONALIZE • PASSION

  14. THE ESSENCE OF PREPARATION • “If I had 6 hours to chop down a tree, I’d spend 4 hours sharpening the axe.”

  15. ASSEMBLING THE TEAM • “In this era of the law explosion no phase of judicial administration is more ripe for reform than eminent domain valuation. Trial judges, lawyers and appraisers are willy-nilly players in a supercharged psychodrama designed to lure 12 mystified citizens into a technical decision transcending their common denominator of capacity and experience…. We should not inject an economist as an indispensible actor in this overburdened drama.” (State Pub. Wks. Bd. v. Wherity (1969) 275 Cal.App.2d 241, 252 (dis.opn.).)

  16. THE “INDISPENSIBLE ACTORS” IN THE “OVERBURDENED DRAMA…”

  17. THE LAWYER

  18. THE EXPERT

  19. COMMUNICATIONS BETWEEN EXPERT AND ATTORNEY • When Do We Meet And What Do We Say? • Client Expectations • Keep It “Real” By Keeping Your Distance • Preparing Your Story With Words And Pictures

  20. MULTIPLE CHEFS CAN SOMETIMES MAKE PERFECT BROTH • More Than One Appraiser • “Non-Valuation Experts” • Interaction

  21. TRIAL PREPARATION • Identify Who Will Testify • Work With (And Against) The Witness • Order Of Presentation • Dangers Of Stipulations • Demonstrative Exhibits

  22. THE ART OF WORDSMITHING GOVERNMENT PROPERTY OWNER The Government Mike Jones Mr. Jones’ Property Take The Government’s Project • The City • Property Owner • The Subject Property • Acquisition • Public Project

  23. ENTER APPRAISER – STAGE RIGHT • Mannerisms • Dress Code? • How Big Is Your File? • Who Are You Talking To Over There? • Publishing Your Exhibits

  24. DEMONSTRATIVE EVIDENCE • Verbalization AND Visualization • Prepare, Personalize And Passion… • Taking The “Demon” Out Of “Demonstrative”

  25. WORKINGWITH APPRAISERS AND OTHER EXPERTS – MAKING IT REAL FOR THE JUDGE AND JURY GARY C. WEISBERG, ESQ. MICHAEL F. WALDRON, MAI JOYCE L. RIGGS, MAI, SR/WA

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