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Section 2: Recommendation of Appraisers and Expert Witnesses

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Procedure

Contract (PREAS) appraisers and other individuals selected as expert witnesses will be recommended by R/W-PD subject to approval of the Office of the Attorney General (OAG), which will make the final determination on which witness(es) will be used at each Special Commissioners’ Hearing and at any subsequent jury trial. Some of the factors to be considered in making these recommendations are:

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  • experience of each individual as a witness in court;
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  • the recognition that will be given in the community to the ability and judgment of each individual as a subject matter expert;
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  • consultation with the appraisers and/or expert witnesses regarding possible changes in market conditions and other factors which would affect their original estimates;
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  • the time required to furnish a new or updated report; and
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  • availability of the appraiser or expert witness to testify.

When R/W-PD submits the parcel’s form ROW-E-49, Request for Eminent Domain Proceedings, it will recommend the appraiser(s) and expert witness(es) to prepare for testimony at a Special Commissioner’s Hearing. R/W-PD will review and approve the updated appraisal report(s) and obtain any corrections or additional support necessary for them to serve as a basis for testimony at the Special Commissioner’s Hearing. Any updated technical expert’s reports will have to be reviewed by R/W-PD staff.

R/W-PD may make its assignments to update report(s) as necessary once the state’s “Final Offer” is mailed to the property owner(s).

After a Special Commissioner’s Hearing and Award, if it becomes necessary to continue condemnation proceedings by a jury trial, the OAG will notify R/W-PD of its recommendations for the parcel’s appraiser(s) and expert witnesses.

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