Thomas E. Upton, MAI
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Jeffrey T. Upton, MAI
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William P. Szabo
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David T. Dicke
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350 Three Meadows Drive
Perrysburg, OH 43551
PH: 419-874-7414
Fax: 419-874-7448

American Property Analysts,
Inc. is An Equal Employment
Opportunity Employer

 

 

Eminent Domain

Since 1995, our principal appraisers have appraised and/or reviewed hundreds of parcels for Eminent Domain/Condemnation projects across the State of Ohio. These appraisals have ranged from simple strip takings to complex valuations. Clients have included the Ohio Department of Transportation (ODOT), the City of Toledo, Lucas County and many counties and other municipalities across the state. Though primarily highway takings, our experience include appraising Railroad R/W, aerial easements for airports and sewer, water and gas line easement takings for public agencies. We have also served private owners and attorneys representing owners with appraisal, appraisal review and consulting services to analyze agency offers for various public project property needs.

The Eminent Domain/Condemnation appraisal process is highly specialized. An Appraiser must not only have knowledge and understanding of the local market and be cognizant of the potential appraisal problems involved, but also be familiar with the format(s) within which the analysis must be presented. The five forms are identified below:

The Value Analysis format (VA) is not considered an appraisal under the Uniform Act and Ohio regulations. It is developed and reported under the Jurisdictional Exception provision of the Uniform Standards of Professional Appraiser Practice (USPAP). This format is utilized for parcels where the taking results in an uncomplicated valuation problem, it must be blatantly obvious there are no damages to the residue, there can be no buildings in the take area and the value of the taking is $10,000 or less. The predominant condition which must exist is that it is a simplistic taking that results in an uncomplicated valuation problem and there should be not substantial changes between the property before the take and the residue property. Within this format, there is no formal before and after analysis. Accompaniment is not mandatory and the report must be presented on the ODOT (VA) template/format.

The Summary Appraisal Report in a Value Finding format (VF) is utilized for simplistic partial acquisitions that are of low value, where the taking results in an uncomplicated valuation problem and where the value of the taking is $65,000 or less. It may also be used when there are no substantial changes between the property before the take and the residue property, there are no buildings in the take area and where there are no damages to the residue property. Mitigating or elimination of possible damages may be considered using a Costs-to-cure. Appropriate analysis and explanation must be included in the report and the recommended value conclusion. Within this format there is no formal before and after analysis, however it is considered an appraisal report, thus the preparer must be a certified or licensed appraiser and be on ODOT’s roster of approved appraisers. Accompaniment is mandatory and the report must be presented on the ODOT (VF) template/format. The report must be compliant with the Uniform Standards of Professional Practice (USPAP) and accompaniment with the owner or owner’s representative is mandatory.

The Summary R/W Appraisal Report is utilized when the valuation problem is determined to be complicated and the other ODOT formats are not appropriate. This type of report must be presented on ODOT’s approved Summary R/W Appraisal Report template. There are no limits on damages, costs-to-cure or compensation governing this format and all relevant valuation approaches are to be presented. The report must be compliant with the Uniform Standards of Professional Practice (USPAP) and accompaniment with the owner or owner’s representative is mandatory.

Projects include:

ODOT: Hen/Luc-24: (2006) Construction of the new US RT 24 extending from Waterville (Lucas County) to the State of Indiana.  Appraisals included simple takings presented on the State’s VA & VF formats to complex takings presented in narrative Summary reports.  Appraisal issues included:

  • The impact of aerial & conservation easements on undeveloped land;
  • Road R/W Proximity issues on single family residences;
  • Elevated road R/W and its impact on the residual values of residences;
  • Landlocked residue parcels.

ODOT: Gre-35, Fay-35 & Ross-35: (1996) Construction of the new SR 35 extending easterly from the city of Xenia (Greene Co.) through Washington Courthouse (Fayette Co.) into Ross County.  Appraisals were in narrative format.  Appraisal issues included:

  • Road R/W proximity issues on single-family residences;
  • Severance/Land-locked residue parcels;
  • Agricultural cost-to-cure for field tile severance;

ODOT: Lucas-2: (1997-1998) Road widening project along SR 2 (Navarre Avenue in Oregon), mixed use properties – commercial, industrial, residential (single/multi-family) appraisal issues included:

  • proximity analysis on single-family residences;
  • rent loss studies due to loss in parking on both commercial and industrial;
  • several complex studies on gas stations;
  •  damages to residue for change in access.

City of Toledo: Correctional Facility (1998) Central Ave., Toledo railroad acquisition for correctional facility industrial /residential properties.

City of Toledo: Laskey Road (2003) Partial takes.  Appraisal problems involved change in highest and best use.

ODOT: Sandusky-53 (2004) Appraisal of several dozen parcels along SR 53 from the Ohio Turnpike south to the city of Fremont.  SR 53 was widened with takings off of commercial properties including a hotel, c-store, gas station, car dealership, restaurants and other commercial properties. 

City of Toledo: Sylvania Avenue:  (2000) Road widening involving commercial properties including strip centers, retail stores, a restaurant and offices.  Appraisal issues involved loss of parking, removal of signage, change of access, and valuing properties along a rapidly re-developing commercial corridor.

City of Perrysburg: Eckel Junction Road – (1998) Partial takings for the Eckel Junction Road widening.  Appraisals involved a mix of uses including: commercial, residential and special purpose properties.

City of Toledo & ODOT: Lucas-2: (2000 & 2001) Airport Highway road widening project between I-475 and Holloway Road in Springfield Township, Lucas County.  Densely developed commercial corridor, appraisal issues involved parking loss, signage loss, changes in access.  Partial takes off of primary retail properties including restaurants, bank branches, retail stores, gas stations, a regional mall and some offices.

City of Toledo: Millard Avenue: (1997) Millard Avenue overpass in north Toledo.  Strip takings off of several industrial properties.  Needed for bridge construction.

City of Toledo: Lucas-51: (2004/2005) Monroe Street widening.  Partial takes on commercial –retail properties.  Appraisal issues included how parking loss and change in access impacted residual property values.  Reports included simple VA’s to complex Summaries (narratives).

Property Owners: US RT 20 – (2005) I-280 & US RT 20 development land at an existing interchange that was being improved with an a new overpass.  Appraisal issues involved changes in access, land-locked parcels & proximity issues regarding single-family dwellings.

City of Toledo: New Sewage treatment plant: (2001/2002) Appraisals needed for construction of a new sewage treatment plant in north Toledo.  Full and partial takings of single family dwellings, retail business’s including a C-store, utility company land and part of a full-service marina.

City of Toledo: (Late 90’s) Glendale Avenue – Kroger development;

City of Toledo: (Late 90’s) Lewis Avenue and Bennett Road – bridge construction

City of Toledo:  (Late 90’s) Lewis Avenue road widening north of Alexis.  Appraisal issues included proximity of the proposed R/W to single-family residences & road grade changes.

CSX – Fostoria – Takings from agricultural properties involving change of highest and best use.

CSX Railroad corridor through west Toledo – 15 miles.

CSX & Norfolk & Southern Railroad corridors in east Toledo and northern Wood County – 14 miles.

ODOT:  Hancock-613 (1999/2000) Interchange reconfiguration at SR-613 & I-75 (commercial, residential, agricultural properties). Appraisal issues primarily involved estimating the impact the extension of limited access R/W had on properties at this interchange.

ODOT: Hancock/Wood-18 – (2001) Existing interchange at I-75/SR 18 was redesigned; commercial properties including restaurants, full service truck stop, gas station and C-store, motel, development land and a single-family dwelling.  Appraisal issues involved parking loss, change of access, change in grade, relocation of service road, severance & proximity.

Findlay Airport (2001) aviation easement appraisals.

Lucas County (2003) Martin Luther King Bridge crossing.  Surface easements and aerial easement on park land, Sports Arena parking lot and two multi-story office buildings.

Village of Archbold: TR 22 (1999/2000) Railroad Underpass (industrial, single-family and agricul­tural) Appraisal issues included loss of access, grade separation, and proximity issues.

ODOT: Medina-18 – SR 18 widening, resulting in proximity issues effecting a single-family residence.

Lucas County: - Seaman Road: (2001) Road widening & bridge construction over active RR tracks.  Appraisal issues included aerial & sub-surface easement valuation, proximity issues on single family homes & valuation of remnant residential lots.

Crawford County – Route 30 (1999) partial takings on several agricultural properties for proposed US RT 30.

Recent ODOT and LPA review projects completed include:

This review project involves full takes on 110 properties near the intersection of Upton Ave. and Central Ave.(2006/2007)

Seven VA’s, VF’s and Summary Reports in December 2005 in Ashtabula County for the Ashtabula County Engineer, C.H. 25, PID# 18518.

Thirty two VA’s and VF’s in February 2006 in Lucas County for the City of Toledo, Hill Avenue, PID# 75578.

Two VA’s in September 2005 in Mercer County for the Mercer County Engineer, TR-121, Section 0.44, PID # 25,415.

Three VA’s and one Summary Report in April 2005 in Van Wert County for the Van Wert County Engineer on CR-192, PID # 23093.

City of Toledo Reviews for the proposed Toledo Jeep industrial plant in north Toledo.  83 Residential, 18 Industrial and 7 Commercial properties.

Lucas County Reviews (2006/2007) for the Dussel Drive Widening in Maumee. Lucas County, Ohio.  Appraisals reviewed included VA’s, VF;s and Summaries.

City of Celina, (2007) for road widening of Grand Lake Road, Celina Mercer Co.  Appraisal reviews included: 2 single-family residential, one flex building and one railroad corridor parcel.

Lucas County Reviews on a (2009) owner’s Summary appraisal on Lucas Co.-Dussel-I-475 for court testimony.

Allen-75-5.53, two full take reviews (2010) for advance acquisition on a retail strip center and office building..

Allen-75-5.53 in (2010-2011) a review total of 21 Summary reports, 18 VF reports and 18 VA reports on restaurants, fast food stores, gas stations, an industrial plant, utility corridor, shopping centers, small offices, single family homes, vacant acreage, vacant industrial park lots, vacant interchange sites.

Lucas Co., Collingwood Ave. intersection widening for the City of Toledo in (2011) reviews on VF and VA reports.

Henry Co.24 review on an appraisal of a total of 6 farms in (2011) for a conservation easement purchase by ODOT.

Henry Co.-24 review on acreage in (2011) abutting the Maumee River with some of the land being in flood plain, a hillside and some being tillable..

Wood Co. Wales Rd. two large acreage parcels performing level three reviews on the property owner’s appraisals and engineering report preparing for trial testimony.

Allen Co.-75-0.21 a total of 5 Summary and 4 VF review reports in (2012) on a small hospital, gas station, retail buildings, industrial buildings and residential land..

Allen Co.-81-18.10 a total of 7 Summary, 6 VF and 3 VA reports in (2012) involving railroad R/W, industrial buildings, industrial land, commercial buildings and land.

Lucas Co. 20-10.12 a total of 7 Summary, 4 VF and 4 VA review reports in (2012) involving retail stores, restaurants, one gas station with “C” store and car dealers..