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PIRS/HARRIS COMPANY AND THE SCIENCE OF REAL ESTATE - PARTNERS
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Commercial appraisal, Appraiser Commercial Los Angeles,LA, L.A.,
Commercial Real Estate Appraiser, Commercial Real Estate Appraisal, Residential Appraiser,
Apartment Appraiser, Commercial Appraisal, Special Purpose Property, Office Property,
California Appraiser, Forensic Appraiser, PMI Removal Appraiser, Fee Appraisal. Certified
General Appraiser, Tax Appraiser, ASA, American Society of Appraisers, Appraiser Appraisal
Information,
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON :
For sale by the Superintendent of Documents, U.S. Government Printing Office
Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800
Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001
24–197 PDF 2005
S. HRG. 108–869
THE REAL ESTATE APPRAISAL INDUSTRY
HEARING
BEFORE THE
SUBCOMMITTEE ON HOUSING AND TRANSPORTATION
OF THE
COMMITTEE ON
BANKING, HOUSING, ANDURBANAFFAIRS
UNITED STATES SENATE
ONE HUNDRED EIGHTH CONGRESS
SECOND SESSION
ON
CERTAIN PRIVATE ENTITIES AS OUTLINED IN TITLE XI OF THE FINANCIAL
INSTITUTIONS REFORM, RECOVERY, AND ENFORCEMENT ACT
OF 1989, THAT ESTABLISH UNIFORM RULES FOR REAL ESTATE APPRAISALS
AND SET MINIMUM CRITERIA FOR CERTIFYING APPRAISERS
MARCH 24, 2004
Printed for the use of the Committee on Banking, Housing, and Urban Affairs
(
Available at: http://www.access.gpo.gov/senate/senate05sh.html
Committee: US Senate Committee on Banking, Housing, and Urban Affairs
Title: The Real Estate Appraisal Industry
Date: 3/24/04
Time: 2:30 PM
Place: 538 Dirksen Senate Office Building
Agenda: The Subcommittee on Housing and Transportation will meet in OPEN SESSION to
conduct a hearing on the "Real Estate Appraisal Industry."
TOKYO (XFN-ASIA) - The Land Ministry plans to increase monitoring of property valuations
amid a surging market for
securitized real estate, the Nikkei reported, without citing sources.
The ministry will require disclosure of income projections that serve as the basis for
determining market value, and will consider revoking the registrations of appraisers found to
have made improper valuations, as it seeks to shield investors from undue losses, the financial
daily said.
The government will also consider setting up an independent panel consisting of academics,
lawyers and real estate specialists to monitor whether appropriate appraisals are made under
the new guidelines, the paper said.
In addition, the Japanese Association of Real Estate Appraisal and the Land Ministry will be
given the power to seek redress for inappropriate valuations,
The Jack Brause Library began in 1983 as a small collection to support New York University's
Real Estate Institute. Since then, it has evolved into an impressive source of national repute.
When the NYU School of Continuing and Professional Studies introduced the Masters of
Science in Real Estate Development and Investment in 1988, the Library grew as well.
Additions included reference material, increased subscriptions, and a computerized in-house
periodical index.
Today, the Jack Brause Library is the most comprehensive facility of its kind, designed to meet
the information needs of the entire real estate community. While supporting the Masters of
Science program, the Library also opens its doors to members outside the NYU community
(See Access Policy). It contains materials on all aspects of the real estate industry, from
finance and investment, to development, management, and economics. Resources include
industry forecasts, property ownership, zoning laws and maps, mortgage banking, retail
leasing trends, real estate investment trusts, or even job hunting.
The Fitch Ratings Commercial Mortgage Backed Securities Group consists of approximately
50 analysts each possessing a thorough understanding of the real estate market including
underwriting, originator policies and the practices of mortgage loan servicers. In a market that
is highly sensitive to economic change and that is continually devising new types of debt
structures, Fitch CMBS has developed forward-thinking rating criteria and investor services
that have made Fitch Ratings a leader in CMBS deal and performance analytics. The group's
rating process incorporates debt service coverage and loan-to-value analysis; reviews of
historical financial statements and re-underwriting of sample loans; property tours and on-site
management visits; originator and loan file reviews; and legal document review.
You need to compare features of ARMs to find the one that best fits your needs. See the
Mortgage Shopping Worksheet.
This handbook explains how ARMs work and discusses some of the issues that borrowers may
face. It includes ways to reduce the risks and gives some pointers about advertising and other
ways you can get information from lenders and other trusted advisers. Important ARM terms
are defined in a glossary. And the Mortgage Shopping Worksheet can help you ask the right
questions and figure out whether an ARM is right for you. Ask lenders to help you fill out the
worksheet so you can get the information you need to compare mortgages.
What Is an ARM?
An adjustable-rate mortgage differs from a fixed-rate mortgage in many ways. With a fixed-rate
mortgage, the interest rate stays the same during the life of the loan. With an ARM, the
interest rate changes periodically, usually in relation to an index, and payments may go up or
down accordingly.
Recently Passed Debt Collection Bill Offers Some Relief to Property Owners Shortly before
adjourning for the current mid-term election recess, Congress passed the Financial Services
Regulatory Relief Act of 2006, S. 2586. While the legislation is beneficial to apartment owners
and their attorneys when legal action is underway to collect overdue rent or evict a resident,
industry observers believe that it does not go far enough.
H.R. 4
Taxpayers are required to obtain a qualified appraisal for donated property with a value
of $5,000 or more, and to attach an appraisal summary to the tax return.351 Under Treasury
regulations, a qualified appraisal means an appraisal document that, among other things: (1)
relates to an appraisal that is made not earlier than 60 days prior to the date of contribution of
the appraised property and not later than the due date (including extensions) of the return on
which a deduction is first claimed under section 170;352 (2) is prepared, signed, and dated by
a qualified appraiser; (3) includes (a) a description of the property appraised; (b) the fair
market value of such property on the date of contribution and the specific basis for the
valuation; (c) a statement that such appraisal was prepared for income tax purposes; (d) the
qualifications of the qualified appraiser; and (e) the signature and taxpayer identification
number of such appraiser; and (4) does not involve an appraisal fee that violates certain
prescribed rules.353
WEB FEATURE: Mold Prevention Techniques
By Paul Shipp, Ph.D., P.E., USG Corporation
DECEMBER 08, 2006 -- We are nearing the one-year anniversary of the formation of the
Responsible Solutions to Mold Coalition (RSMC), which was announced at the National
Association of Home Builders’ International Builders’ Show earlier this year in Orlando, Fla.
USG Corporation, along with 12 other members recognized that there is an overabundance of
information on mold, much of it difficult to understand and use, and some of it even misleading
or incorrect. RSMC was launched to provide a single source of accurate, science-based
information on mold, and it is in the process of finding new and innovative ways to
communicate this information to both building industry professionals and homeowners.
Common Mistakes Home & Condo Sellers Make
1. Failure to effectively market the property. Good marketing distinguishes your home from
hundreds of others on the market, selling its benefits not just its features. Open houses and
print advertising (the most obvious) are only moderately effective. Only 1% of homes are sold
at open houses, and just 3% of people purchased their homes after seeing a print ad! Your
real estate agent should be using other methods as well to attract prospects. Ask your real
estate agent to provide a list of things they will do to market your home.
Standpipe Systems Wet/Dry
Texas City Sued Over Rent Law That Targets Immigrants
ALFREDO VASQUEZ, ET AL. V. CITY OF FARMERS BRANCH
December 26, 2006
The ACLU and Mexican American Legal and Education Defense Fund are suing a Texas
suburb over a rent ordinance that makes landlords and property managers "document the U.S.
citizenship or 'eligible immigration status' of all tenants" as a pre-condition to renting housing.
According to the lawsuit, "[l]andlords will be subject to criminal conviction and civil sanctions if
they fail to correctly interpret and comply" with the Dallas suburb's law.
Condemnation/Eminent Domain:
October 25, 2006
Daily Journal
"Changing Eminent Domain: Five Laws vs. Proposed Initiative
Authored By: Bradford Kuhn, John Murphy
October 23, 2006
California Real Estate Journal
"Eminent Domain Reform Arrives in California Ahead of Election Day"
Authored By: Bradford Kuhn, John Murphy
September 1, 2006
Real Estate Southern California
"Exploring the Eminent Anderson Initiative"
Authored By: Jennifer Dienhart, Lisa Holmes, John Murphy
July 31, 2006
California Real Estate Journal
"Low-Profile Anderson Initiative Would Change Eminent Domain and Land-Use Planning
Radically"
Authored By: Jennifer Dienhart, Lisa Holmes, John Murphy
July 25, 2006
Daily Journal
"Anderson Initiative Goes to Extraordinary Lengths to Limit Eminent Domain"
Authored By: Jennifer Dienhart, Lisa Holmes, John Murphy
February 18, 2003
California Real Estate Journal
"Should Jurors Hear the Whole Story?"
Authored By: John Murphy, Michael Thornton
February 1, 2000
Valorem Principia, Volume 8, Issue 1
"Discoverability of Pre-Litigation Expert Appraisal Reports: The Consistent and the Dead "
Authored By: John Murphy, Rick Rayl
Am. Canyon Cmty. United for Responsible Growth v. City of Am. Canyon, No. A111278,
A112088 (Cal. 1st App. Dist. November 17, 2006;)
Denial of petitions for writ of mandate challenging defendant city's approval of 24-hour Wal-
Mart supercenter combining big-box discount store and full grocery store, without requiring
supplemental environmental review under CEQA, is reversed where defendant prejudicially
violated: 1) CEQA by unreasonably minimizing the size increase of the retail development, and
then failing to proceed as required by law when it refused to consider the extraterritorial effects
of the proposed supercenter; and 2) its own zoning ordinance by approving the supercenter
without approving a major modification application.
How to Find Flood Zones in Pasco County, Florida
Often buyers and sellers want to know if a property is located partially or completely within a
designated flood zone. Buyers need to know this information since their lenders will probably
require flood insurance on the property.
One of the surest ways to find out is to have a survey done and have the surveyor make an
exact determination. Of course, that can be pricey if you are just curious or are in the very
preliminary stages of contemplating a purchase.
In Pasco County we are lucky since our county property appraiser has included this
information on his website. Here are the instructions that should enable you to view a particular
property and have the computer "paint" in any flood zones that might exist.
Colorado stumped on land credits
$193 million handed out, but state lacks details about acres
By Ann Imse, Rocky Mountain News
December 19, 2006
Colorado has handed out $193 million of tax credits for preserving land from development in
the past six years, but it doesn't know how much land has been saved or where it is.
The conservation easement tax credit was expected to cost a few million dollars a year - not
the $85 million it cost in 2005, said State Rep. Michael Garcia, D-Aurora.
Conservation easements have been popular for preserving ranches and scenic open space
around the state. But officials didn't know the program's cost until the legislature's Joint Budget
Committee asked - and received an answer Monday.
Conservation easements work like this: An appraiser says a piece of land is worth $100,000
developed or $40,000 not developed. The owner donates a conservation easement to a land
trust. The owner ends up with land worth $40,000 because nothing can be built on it, and a
$60,000 tax credit. If the owner doesn't have $60,000 of state income taxes to avoid, he or she
can sell the tax credit to someone who does.
Commercial appraisal, Appraiser Commercial Los Angeles,LA, L.A.,
Commercial Real Estate Appraiser, Commercial Real Estate Appraisal, Residential Appraiser,
Apartment Appraiser, Commercial Appraisal, Special Purpose Property, Office Property,
California Appraiser, Forensic Appraiser, PMI Removal Appraiser, Fee Appraisal. Certified
General Appraiser, Tax Appraiser, ASA, American Society of Appraisers, Appraiser Appraisal
Information,
Take a look at the Appraisal Assistant Hiring Matrix Download
AppraiserAssistantHiringMatrix12-05.xls , and you will see we give more points for a good
Credit Score, than we do for a License or Residential Experience.
Taking assignments with a Predetermined Value violates USPAP and the very reason we were
licensed. Once an appraiser has been Conditioned to Anchor on Price, they are essentially
ruined as a real appraiser. The bias toward a Predetermined Value shows up in a Forensic
Review. Forensic Reviews are done when litigation starts and are much more in depth and the
normal review. When I put on the first Real Estate Fraud seminar in September of 1999, there
was a lawyer in the audience, who contacted me the next day and gave me an assignment
MLS Status Abbreviations
http://www.powerofknowledge.net/glossary/mls_abbreviations.php
Real Estate Abbreviations
http://www.powerofknowledge.net/glossary/real_estate_abbreviations.php
FYI: Arthur Andersen had A FULL STAFF OF MAI APPRAISERS
One of there most recent clients (other than ENRON) was the Los Angeles Unified School
District. They are now a defunked Corporation.
Chicago's Andersen accounting firm must stop auditing publicly traded companies following the
firm's conviction for obstructing justice during the federal investigation into the downfall of
Enron Corp. For decades, Andersen was a fixture in Chicago's business community and, at
one time, the gold standard of the accounting industry. How did this legendary firm disappear?
http://www.chicagotribune.com/business/chi-andersen,0,6908777.special
Analysis of. . .Enclosed Shopping Center
Gas Stations
--------------------------------------------------------------------------------
Gas stations are among the most common types of commercial real estate and the most
difficult to appraise. The valuation of a gas station can be as simple as the gathering of a
handful of good comparable sales and valuation analysis of the same kind that is applied to a
house. Or it may involve analysis on different levels: of income, of a going concern, of
construction cost, and of equipment.
The Right Time to Sell
NRC's clients are mostly dealers and distributors throughout the nation. They frequently ask
us when is the right time to sell their locations. There are a number of factors to consider in
determining the answer to this question.
Market Conditions
If you are waiting for market conditions to improve, such as higher fuel and inside store
margins, you may end up selling for less. Over the past few years, margins have been
continually moving downward. The market pressure that big-box retailers selling gas have put
on the marketplace has lessened profitability. The strategy of making that loss up with volume
has also been more difficult in current market conditions. Make sure to consider the current
and forecasted market conditions.
Sites making money are much easier to sell than those that are not. Furthermore, banks tend
to be much more willing to lend on profitable locations. The rates that they are lending at
should also play a roll in making your decision. Long-term interest rates continue to be near
historic lows. If a buyer must pay a higher interest rate when borrowing money, that buyer has
to pay you less for your property. Rates have been going up steadily for almost a year, and will
undoubtedly be 1% higher a year from now. National Petroleum News (Gas Station.)
CRA/LA Presents Development Opportunity Sites in South Los Angeles
Recent reports show over a billion dollars in sales leakage in South Los Angeles. With
moderately priced land and support from City officials, South Los Angeles is a Smart Move and
the best urban investment opportunity in Los Angeles.
With leadership and support from Mayor Antonio R. Villaraigosa, the Community
Redevelopment Agency of the City of Los Angeles (CRA/LA) and other City Departments are
working together to provide development incentives, streamline approval processes and
market prime development opportunity sites in South Los Angeles.
With major CRA/LA projects and new initiatives underway, now is the right time to invest in
South Los Angeles.
Please click here to view development opportunity sites.
for the past ten years, the PikeNet Dispatch has focused on business trends, marketing
strategies and technology tools that might impact your success.
But this week will be the last for the Dispatch. It's time for a personal change! Next year I will
take a "sabbatical" (details in the final Dispatch on Thursday). The PikeNet web site will
remain, providing access to all 984 previous issues.
There is one constant in the real estate business and that is the fundamental importance of
personal relationships. This has been the great joy for me, both as a broker and commentator.
How does a construction loan work?
A construction loan finances the land, land improvements (such as clearing, grading, utilities,
driveway, etc.), actual construction costs, finishes in the home (such as carpeting, appliances,
etc.), architects and engineer's fees, permit fees, interest payments on the construction loan
while the home is under construction (so you don’t have to make payments on your present
home plus the home under construction if you do not wish to) and closing costs on the
transaction.
A one-time-close construction loan seamlessly converts to a permanent mortgage when the
home is finished. So, you can finance the initial purchase of the land (or the payoff of a land
loan if you already have taken title to the land) and the turn-key cost of building your new
home and effortlessly convert to a permanent mortgage when your home is finished with just
one set of closing costs.
Countrywide offers one-time-close construction loans.
At closing the loan funds the initial land purchase or lot payoff. Then, as the builder
commences construction you can take periodic draws of additional funds to make progress
payments to the builder. Interest is paid only on those funds you have drawn; and as
mentioned that interest can also be borrowed so you don’t have to write a check every month if
you do not wish to.
The interest rate can be fixed at the initial closing and during construction. When the home is
finished, and occupancy is possible, the loan converts to a fixed or adjustable rate mortgage
over the number of years you select. Plus, you can even reduce your interest rate to the
market rate at that time to lower your payments!
INTRODUCTION
Although the United States is more
than 200 years old, its housing
inventory is young. In 2001, just
8.3 percent of all American hous−
ing was built before 1920.1 This
report examines housing units
built 82 years or more ago (which
are referred to as old units), and
compares their characteristics with
those of units built after 1989
(which are referred to as new
units). The data are from the 2001
American Housing Survey (AHS),
National Sample.2
Old housing is important for sever−
al reasons. Despite its small pro−
portion of the total housing stock,
old homes account for about
10 million housing units and were
the primary residence of 8.6 mil−
lion households. Because of their
age, these units may present par−
ticular problems in housing quality
and safety, but they may also have
unique characteristics (aside from
any historical significance) that
could make them desirable homes.
Finally, given that the median price
of new single−family homes sold in
2001 was $175,200, these old
houses may provide more afford−
able opportunities for homeowner−
ship.3
Restaurants are the cornerstones of
the economy, career-and-employment
opportunities for millions of
Americans, and local communities.
Nationally, with 925,000 restaurant locations, the
restaurant industry’s direct sales are $511 billion a
year—more than $1.4 billion a day. Including the
impact restaurants have on sales in related industries,
the industry’s overall impact on the U.S. economy is
$1.3 trillion a year—about 10 percent of the U.S. gross
domestic product.
Electrical Wiring FAQ
Residential Architect Online
HOW TO BEAT A SEARCH ENGINE? (APPRAISAL INSTITUTE - MAI)
Business-Card CD Available to Chapters for Member Promotion
More than 20 chapters have already put in their request for quantities of a mini-CD that will set
up a link to our national online Directory of Members. Chapter executive staff or presidents
were recently notified via e-mail about the availability of this business-card CD, which has been
developed to tie in the Visibility Campaign promoting the services of Appraisal Institute
members to key client groups.
We are offering chapters the opportunity to request up to 500 CDs at this time, which will be
drop-shipped at no cost to your chapter office or other specified address. To line up your
shipment, simply indicate the quantity of CDs you would like to receive along with your shipping
address (no PO Box addresses, please) and telephone number and e-mail that information to
Jan Seefeldt at 312-335-4440 or e-mail jseefeldt@appraisalinstitute.org.
The CD does not contain directory listings itself, but a program that installs an AI icon on one’s
computer, providing direct access to our Find an Appraiser Web page. The CD will be
distributed nationally at the trade shows and conferences where the Appraisal Institute will
have an exhibit this year, and we also want to supply every chapter with some of these CDs to
distribute as occasions warrant.
As the real estate broker for the federal government, Public Works and Government Services
Canada is responsible for the development and management of appraisal standards. The
guidelines ensure uniformity of format and content in the delivery of appraisal services to
Government of Canada departments, agencies and Crown Corporations. Volume 1 of the
Appraisal Guidelines deals with the appraisal products themselves, the industry standards, the
report formats, and special appraisal situations and problems often faced by the PWGSC
appraiser. For more information, please contact:
André C. Morin, Chief Appraiser
191 Promenade du Portage
Gatineau, Québec
K1A 0S5
(819) 956-7470
andre.morin@pwgsc.gc.ca
The expert appraiser needs to be self-confident and be
an advocate for his or her own work. The appraiser is not
to be an advocate for his or her employer or use the
“made as instructed” approach to value. This latter point
may seem obvious, but there is usually a lot of pressure
exerted on expert appraisers to give the client what is
needed to win the case in question. Sometimes the
appraiser’s best decision is to tell his or her attorney that
the data do not support the attorney’s theory and the case
should be settled. Although this usually results in short term
anger, in the long run, telling the truth will win the
loyalty and respect of the client.
REALLY
Utah Appraisal Institute President (mai)
4. Lobbying Efforts
National has a full time staff of three attorneys in Washington, DC working on our behalf to
keep up with federal legislation and other initiatives that impact our profession and to act as a
liaison to the local chapters in keeping up with state issues. We also have our own local
lobbyist who works with Utah appraisers. Lobbying is one of those behind the scenes activities
that many of us may not give much thought to however, the efforts of these people affect us
individually and our profession in ways that many of us are unaware.
Part 4. Examining Process
Chapter 48. Engineering Program
Section 4. Business Valuation Guidelines
The purpose of this document is to provide guidelines applicable to all IRS personnel engaged
in valuation practice (herein referred to as "valuators") relating to the development, resolution
and reporting of issues involving business valuations and similar valuation issues. Valuators
must be able to reasonably justify any departure from these guidelines.
Section 5. Intangible Property Valuation Guidelines
The purpose of this document is to provide guidelines applicable to all IRS personnel that are
engaged in valuation practice (hereinafter referred to as valuators), relating to the
development, resolution, and reporting of issues involving intangible property valuations and
similar valuation issues. Valuators must be able to reasonably justify any departure from these
guidelines.
Section 6. Real Property Valuation Guidelines
Introduction
The purpose of this document is to provide guidelines applicable to all IRS personnel engaged
in valuation practice (hereinafter referred to as valuators) relating to the development,
resolution and reporting of issues involving real property valuations and similar valuation
issues. Valuators must be able to reasonably justify any departure from these guidelines.
This document incorporates by reference, the ethical and conduct provisions, contained in the
Office of Government Ethics (OGE) Standards of Ethical Conduct, applicable to all IRS
employees.
Valuations of assets owned and/or transferred by or between controlled taxpayers (within the
meaning of Treasury Regulation section 1.482–1(i)(5)) may present substantive issues that
are not addressed in these guidelines.
MSN Virtual Earth Maps
The purpose of this document is to provide guidelines applicable to all IRS personnel engaged
in valuation practice (hereinafter referred to as “Valuators”) relating to the development,
resolution and reporting of issues involving real property valuations and similar valuation
issues. Valuators must be able to reasonably justify any departure from these guidelines.
This document incorporates by reference, the ethical and conduct provisions, contained in the
Office of Government Ethics (OGE) Standards of Ethical Conduct, applicable to all IRS
employees.
Since 1913, The Blue Book of Building and Construction has been the construction industry's
premier information source. The Blue Book, headquartered in Westchester County, New York,
publishes regional construction directories in most major markets throughout the United
States. Online, thebluebook.com provides easy access to continually updated information for
each of The Blue Book's regional editions. Construction buyers and sellers also have free
access to BB-Bid, The Blue Book's online bid
Locate a Reverse Mortgage Lender
Use the search tool below to locate lenders in your state (specifically the state in which the
property is located). All lenders are members of the National Reverse Mortgage Lenders
Association, licensed to originate reverse mortgages in the states in which they are listed,and
have signed NRMLA's Code of Conduct. IMPORTANT NOTE: This list is provided expressly as
a service for consumers who are looking for lenders to contact to learn more about reverse
mortgages. It is not for the use of vendors who are marketing products or services to lenders.
Marketers who misuse this list will be reported to Spam monitors.
http://www.reversemortgage.org/Default.aspx?tabid=255&ViewID=1&t1=California&AutoRun=1
The Capitol Hill Declaration on Corridor Valuation: An Appeal for a Paradigm Shift from
Monopolistic to Market Corridor Valuation Methods And Federal Rights-of-Way Rent Schedules
Do conventional appraisal methods provide a reasonable approach for estimating market
rent? If not, what appraisal methods or approaches would be more appropriate, if any?
Condensed Answer: Conventional corridor valuation methods (e.g., Across-The-Fence (ATF)
Method, Reproduction Cost Method, Liquidation Value Method, Value for Non-Corridor Use),
and legal case law approaches such as the Nominal Method, are both self-interested and
polarizing approaches that do not solve the corridor fair market rent valuation or easement
valuation problems at hand in a “new economy” in a deregulated environment. Deregulation of
the natural gas, telecommunications, and regional electric utilities requires consideration of
alternative methods that reflect “buyer’s market” value that assumes the availability of an
alternate route in contrast with “seller’s market” value (ATF value, corridor premiums) that are
predicated on no alternate route:
The Going Rate Method (based on a buyer’s calculus) for estimation of fair market corridor
rents;
Percentage Rents and Auction Prices uncoupled from land-based valuations.
The Alternate Route Method for estimation of the fair market value for compatible use
easements within existing corridors or Federal lands;
Fair Division Algorithms for estimation of easement percentage interests;
The Federal Historic Preservation Tax Credit Program provides federal income-tax incentives
for the rehabilitation of historic income-producing properties. The Illinois Historic Preservation
Agency, Preservation Services division, administers it for Illinois properties.
Under the provisions of the Tax Reform Act of 1986, a 20% tax credit is available for the
substantial rehabilitation of commercial, agricultural, industrial, or rental residential buildings
that are certified as historic. The credit may be subtracted directly from federal income taxes
owed by the owner. (Note: The U.S. Internal Revenue Service is the final judge of economic
matters relative to certified rehabilitations. Therefore, it is advisable that you consult with a tax
accountant or lawyer before completing your tax return.)
The Valuation of a Law Firm in a Divorce Proceeding Should Be Measured by Fair Market
Value. by Peter M. Walzer and Edward Poll*
A law practice has value even apart from its old couch, obsolete library, barely functioning IBM
386, accounts receivable, and whatever work is in progress. In addition to these assets, a
practice may have goodwill, but the value of that goodwill may be the subject of much dispute.
Nevertheless, in a divorce action, a court may find not only that a lawyer has goodwill but also
that the lawyer's spouse must be compensated for that goodwill. Regrettably, the chance that
a marriage will end in divorce is about 50 percent. Goodwill has various definitions, but the
controlling definitions used in a divorce proceeding is found in the leading case on
professional practice valuation - In re Marriage of Foster.1
Saratoga Harness Racing, Inc. v. Williams, 1998 N.Y. Int. 0070 (June 9, 1998).
TAXATION - REAL PROPERTY ASSESSMENT - METHODS OF VALUATION
Comparable lease income method is appropriate valuation method for owner-owed property.
[SUMMARY] | [ISSUE & DISPOSITION] | [AUTHORITIES CITED] | [COMMENTARY]
SUMMARY
The City of Saratoga Springs (the "City") assessed the Saratoga Harness racetrack using the
replacement cost less depreciation method of valuation. The City used this method of
valuation based on its determination that the property is a "specialty." Saratoga Harness
argued that the comparable lease income formula was the appropriate method of valuation,
and protested the City's method of valuation with the Board of Assessment Review (the
"Board"). The Board rejected these protests and Saratoga Harness initiated judicial
proceedings to challenge the City's assessments.
The Supreme Court found that there is a market for racetrack property and therefore that a
racetrack such as the one at issue does not qualify as a "specialty." In addition, the court
concluded that the comparable lease income method is valid and appropriate. On appeal, the
Appellate Division determined that the property is a specialty, rejected Saratoga Harness's use
of the comparable lease income formula, and reversed.
California Revenue and Taxation Code:
(a) Except as is otherwise provided in Section 110.1, "full cash value" or "fair market value"
means the amount of cash or its equivalent that property would bring if exposed for sale in the
open market under conditions in which neither buyer nor seller could take advantage of the
exigencies of the other, and both the buyer and the seller have knowledge of all of the uses
and purposes to which the property is adapted and for which it is capable of being used, and
of the enforceable restrictions upon those uses and purposes.
(b) For purposes of determining the "full cash value" or "fair market value" of real property,
other than possessory interests, being appraised upon a purchase, "full cash value" or "fair
market value" is the purchase price paid in the transaction unless it is established by a
preponderance of the evidence that the real property would not have transferred for that
purchase price in an open market transaction. The purchase price shall, however, be
rebuttably presumed to be the "full cash value" or "fair market value" if the terms of the
transaction were negotiated at arms length between a knowledgeable transferor and
transferee neither of which could take advantage of the exigencies of the other. "Purchase
price," as used in this section, means the total consideration provided by the purchaser or on
the purchaser's behalf, valued in money, whether paid in money or otherwise. There is a
rebuttable presumption that the value of improvements financed by the proceeds of an
assessment resulting in a lien imposed on the property by a public entity is reflected in the
total consideration, exclusive of that lien amount, involved in the transaction. This presumption
may be overcome if the assessor establishes by a preponderance of the evidence that all or a
portion of the value of those improvements is not reflected in that consideration. If a single
transaction results in a change in ownership of more than one parcel of real property, the
purchase price shall be allocated among those parcels and other assets, if any, transferred
based on the relative fair market value of each.
With regard to the inverse condemnation issue, we conclude that owners
and occupiers of roadside property do not possess a “right to be seen” that requires
the payment of compensation for municipal landscaping efforts having no
injurious effect on any property rights other than the claimed right to visibility.
We also agree with the Court of Appeal that the planting of trees in the vicinity of
Regency’s billboards did not implicate the compensation requirement set forth in
Business and Professions Code section 5412. Finally, we affirm the award of
costs and fees, rejecting Regency’s arguments that Code of Civil Procedure
section 998 categorically does not apply to offers made by defendants in inverse
condemnation actions, that the City’s offer to compromise was so low as to bar it
from the subsequent recovery of costs and fees, and that Code of Civil Procedure
section 998 does not authorize an award, to a defendant, of expert witness fees
incurred before the defendant extends its offer to compromise.
We affirm. Under the unique facts of this proceeding, we conclude the district court did not err
in permitting the Water District's experts to testify there was no diminution of value as a result
of the taking.
The Yates built a home on a 10-acre lot they purchased in a Butler County subdivision. The
particular lot they purchased was identified as Lot 7, Towakoni Hills. The Yates' lot and other
lots in the subdivision were subject to covenants and restrictions requiring them to be used for
residential purposes. The properties to the north of the Yates' lot were zoned commercial, and
some of the properties adjacent to the Yates' property were used commercially for mobile
home sales and outdoor storage sales. The Yates had arranged for a 3-foot tall earthen berm
with trees to be constructed between their property and the commercial properties. The Yates'
property was served by a private well and a sewage lagoon.
The Water District acquired Lot 6, located immediately west of the Yates' property, for the
purpose of constructing a water tower and other improvements. The Water District sought a
special use permit to allow the proposed use, which was granted despite the Yates' objections.
The Yates filed suit in Butler County District Court in an effort to enforce the covenants and
restrictions and to vacate the special use permit. The Water District responded by adding the
Yates' property as a taking in its pending condemnation proceeding.
The appraisers in the administrative condemnation action viewed the Yates' property, held a
public hearing, and filed their report, valuing the Yates' restrictive covenant interest at $500.
The Yates appealed the award of the appraisers and requested a jury trial on the issue of
compensation and damages.
At the jury trial, Sara Ralston and Richard Jiminez testified in their representative capacities as
members of the Board of Directors of the Water District. Walter Sharp, Lewis Simmons, and
Fayne Henson testified as expert witnesses on the appraised value of the Yates' real property
on behalf of the Water District.
Sharp, Simmons, and Henson each testified that the appraised value of the Yates' property
was $240,000 both before and after the Water District condemned the Yates' restrictive
covenant interest. According to the Water District's expert witnesses, the damage to the Yates'
property from the taking was zero. The Yates' trial counsel's objections to the admission of
each expert's testimony, questioning its relevance, and his motions to strike were overruled.
David Yates testified that he would not have built his house at that location had he known that
the Water District would erect a water tower on Lot 6. According to David, he had reviewed the
covenants and restrictions limiting the Towakoni Hills properties to residential uses prior to his
purchase of Lot 7 and considered them to be of great importance. David stated that he paid
$319,000 to build his home and believed the value of his property after the taking was
$200,000. David testified that he was requesting the jury to award him $119,000 in damages.
The value of property being taken by eminent domain cannot be based on the property's
zoning if the same entity that is taking the property also imposed the zoning, the Fourth District
Court of Appeal has ruled. The court held that San Diego County Superior Court Judge
Sheridan Reed was correct to prevent the jury from considering restrictive zoning on property
that the City of San Diego took for a freeway. Instead, the jury based its decision on testimony
from the property owners' experts, who presented values based on the property being rezoned
like similar, nearby land.
Section 330 of title 31 of the United States Code authorizes the Secretary of the
Treasury to regulate practice before the Treasury Department. The Secretary has
published the regulations in Circular 230 (31 CFR part 10). On December 20, 2004, the
Treasury Department and the IRS published in the Federal Register (69 FR 75839)
2 final regulations (Final Regulations) applicable to written advice that is rendered after
June 20, 2005. Since publication of the Final Regulations, Treasury and the IRS have
received a number of comments highlighting areas where the language of the Final
Regulations might have consequences inconsistent with their intent. Upon
consideration of those comments, the Treasury Department and the IRS have made
revisions to the Final Regulations, as described below, to clarify the language of the
Final Regulations.
Remember playing Monopoly as a kid, where amassing deeds to property--
those little color-coded cards--was all-important? Real-life deeds
aren't nearly so colorful, but they're still very, very important. Here
are some questions commonly asked about deeds.
Buying and Selling Property: What You and Your Lawyer Need To Know
PART 1
So you’ve decided to sell your house or buy another – congratulations! One question though:
now what? Who do you call first? Where do you go? How much should it cost? Is it too late to
back out now that you know how much you don’t know? Okay, start with deep breaths. Luckily
for you there are vast systems in place to help out with every aspect of your real estate
transaction, including:
Masonry Construction brings together the complex and fragmented components of the
masonry industry -- contractors, general contractors, architects, engineers, and producers --
providing technical advice, innovative methods and materials, state-of-the-art projects, and
essential product information.
Masonry Construction's mission is simple: to provide solid, impartial, immediately useful
information on the materials, methods, and equipment needed to build in masonry. The
magazine is designed to be the single source masonry contractors need, no matter what
information they require. From technical, to business, to product, to emerging trends, the
information we provide in each issue is accurate, timely and relevant.
And now, with expanded offerings on the Masonry Construction Web site, that information is
easier than ever to find and use. We invite you to view current feature articles online and take
advantage of the wealth of information available in our article and problem clinic archives.
what is RUDI?
An independent, unbiased service, the Resource for Urban Design Information (RUDI) is the
largest web resource dedicated to urban design and placemaking
Featuring more than 5,000 documents and more than 9,000 images, RUDI is the largest web
resource dedicated to urban design and placemaking.
The site is widely used, with more than 40,000 visitors every month
In an 8-1 opinion issued on May 3, 1999, the U.S. Supreme Court held in Bank of America
National Trust & Savings Association v. 203 N. LaSalle Street Partnership1 that old equity
holders were disqualified from participating in a "new value" plan over the objection of a senior
class of impaired creditors where the opportunity to contribute new capital and receive
ownership interests in the reorganized entity was given exclusively to old equity holders without
consideration of alternatives.2 Justice Souter, who delivered the opinion of the court (joined
by Chief Justice Rehnquist and Justices O’Connor, Kennedy, Ginsburg and Breyer), stopped
short of (i) determining whether the Bankruptcy Code ("Code") includes a new value corollary
or exception or (ii) declaring a per se rule prohibiting "new value."3 Instead, the majority
limited its ruling and held that the plan was simply "doomed" by providing the investment
opportunity only to old equity, thereby failing to satisfy 11 U.S.C. § 1129(b)(2)(B)(ii).
This is very interesting, and it may be an indirect way of getting at the public use problem.
"Fair market value" considers what other people would be willing to pay for the land, but not
what the developer is willing to pay and not what the owner is willing to sell for. The owner
clearly values his land more than the fair market value, or else he would have sold the land
already. The private developer, anticipating the profits to be earned from his new
development, also values the land more than the fair market value. Therefore, as Professor
Bainbridge explains, when the government uses eminent domain powers to force the sale at
fair market value, the owner ends up worse off and the developer ends up better off.
HUD Glossary
Fair market value: the hypothetical price that a willing buyer and seller will agree upon when
they are acting freely, carefully, and with complete knowledge of the situation
Overview
Under the umbrella of NMHC's Technology Forum, the National Multi Housing Council, along
with the National Apartment Association (NAA), is supporting the industry-wide initiative to
establish data standards and extensible mark-up language (XML) architecture to enhance and
support the development of systems solutions for the apartment industry. The initiative is
called the "Multifamily Information and Transactions Standard" (MITS) project and is open to all
interested firms and individuals. A collaborative effort of the apartment industry, MITS is
funded by contributions from over 55 companies and receives financial support from NMHC
and NAA. To date, the standards initiative has established seven separate transactions-based
standards, several of which are used by technology firms and apartment owners and
managers.
In recent years, the merits and need for a standard set of data definitions and software
protocol to integrate these standards has been debated. Not until late January 2002 did
enough apartment industry executives reach a consensus to initiate a standards initiative.
Industry executives that participated in the discussions included representatives from
apartment firms, management companies, systems providers, credit and resident screening
companies, Internet service providers, consultants, and others.
Preface
In 1993, the National Association of Real Estate Investment Managers (NAREIM), the National
Council of Real Estate Investment Fiduciaries (NCREIF), and the Pension Real Estate
Association (PREA) joined forces to identify existing information standards for the institutional
real estate industry called the Real Estate Information Standards (REIS). REIS has evolved
since then, including narrowing of the various practices in the areas of valuation, accounting,
performance measurement and reporting.
Philosophy
The underlying principles guiding this standards-setting approach include disclosure of reliable
information which is relevant to investor decision making processes and adequate description
of policies and practices to facilitate analysis. We believe that such an approach will contribute
to furthering the understanding of real estate as an asset class and its place in a broader
capital markets universe.
Assessors' Handbook sections are available here for viewing and printing. You may also
purchase copies of Assessors' Handbook sections by downloading, printing, and submitting
the following form:
BOE-663-AH, Purchase Order For Assessor's Handbook Sections, Rev. 18 (01-05)
Table of Contents
AH 201, Assessment Roll Procedures, (06-85)
AH 215, Assessment Map Standards, (08-92)
AH 265, Cemetery Exemption, (08-77)
AH 267, Welfare, Church, and Religious Exemptions, (10-04)
AH 501, Basic Appraisal, (01-02)
AH 502, Advanced Appraisal, (12-98)
AH 503, Cash Equivalent Analysis, (03-85)
AH 504, Assessment of Personal Property and Fixtures, (10-02)
AH 505, Capitalization Formulas and Tables, (06-93)
AH 510, Assessment of Taxable Possessory Interests, (12-02)
AH 511, Assessment of Manufactured Homes and Parks, (11-01)
AH 513, Assessment of Shopping Centers, (01-83)
AH 515, Assessment of Golf Courses, (01-83)
AH 516, Assessment of Cemeteries, (01-83)
AH 521, Assessment of Agricultural and Open-Space Properties, (10-03)
AH 531, Residential Building Costs, (01-06)
AH 534, Rural Building Costs, (01-06)
AH 542, Assessment Of Water Companies And Water Rights, (12-00)
AH 560, Assessment of Mining Properties, (03-97)
AH 566, Assessment of Petroleum Properties, (01-99)
AH 570, Assessment of Commercial Aircraft, (01-72)
AH 576, Assessment of Vessels, (02-02)
AH 577, Assessment of General Aircraft, (11-03)
AH 581, Equipment Index and Percent Good Factors, (01-06)
AH 582, Explanation of the Derivation of Equipment Percent Good Factors, (02-81)
Assessment Appeals Manual, (5-03)
State Assessment Manual, (3-03)
Timber Tax Manual, (11-05)
Appraiser oversight
Appraiser penalties
The provision establishes a civil penalty on any person who prepares an appraisal that is
to be used to support a tax position if such appraisal results in a substantial or gross valuation
misstatement. The penalty is equal to the greater of $1,000 or 10 percent of the
understatement
of tax resulting from a substantial or gross valuation misstatement, up to a maximum of 125
percent of the gross income derived from the appraisal. Under the provision, the penalty does
not apply if the appraiser establishes that it was “more likely than not” that the appraisal was
correct.
Disciplinary proceeding
The provision eliminates the requirement that the Secretary assess against an appraiser
the civil penalty for aiding and abetting the understatement of tax before such appraiser may
be
subject to disciplinary action. Thus, the Secretary is authorized to discipline appraisers after
notice and hearing. Disciplinary action may include, but is not limited to, suspending or barring
an appraiser from: preparing or presenting appraisals on the value of property or other assets
to
the Department or the IRS; appearing before the Department or the IRS for the purpose of
offering opinion evidence on the value of property or other assets; and providing that the
appraisals of an appraiser who has been disciplined have no probative effect in any
administrative proceeding before the Department or the IRS.
TECHNICAL EXPLANATION OF H.R. 4,
THE “PENSION PROTECTION ACT OF 2006,”
AS PASSED BY THE HOUSE ON JULY 28, 2006,
AND AS CONSIDERED BY THE SENATE
ON AUGUST 3, 2006
To state the obvious, the starting point for evaluating businesses is to define the standard
for valuation in tax cases. Fair Market Value Standard
Fair market value does not necessarily mean the same as "fair value", "intrinsic value", or
even "investment value". One typical distinction between fair value and fair market value is that
most court's do not apply a discount for lack of marketability to closely held stock under the fair
value standard, but courts almost always apply a discount for lack of marketability in
conjunction with closely held minority interests under the fair market value standard.
The definition of fair market value is that which is found in the Treasury Regulations that
define the term "fair market value" for Federal estate and gift tax purposes.
Fair market value is defined in the Treasury's regulations as "the price at which the
property would change hands between a willing buyer and a willing seller, neither being under
any compulsion to buy or to sell and both having reasonable knowledge of relevant facts."8
Each element of the Fair Market Value Definition deserves attention.
The failure to focus on the totality of the definition may lead to an inaccurate or
incomplete definition. To be sure, an actual arm's-length sale of the subject property is most
indicative of the price that a willing buyer would pay a willing seller on the valuation date,
assuming, of course, that the date of the sale is close enough to the valuation date to make
bothsale prices representative of each other.9 It is important to emphasize that mere sales of
thesubject property may not be sufficient to dictate the proper valuation.
An Overview of the Purpose, Application and Intent of the State Historical Building Code
It is the purpose of the State Historical Building Code to provide regulations and standards for
the rehabilitation, preservation, restoration (including related reconstruction) or relocation as
applicable to all historical buildings, structures and properties deemed of importance to the
history, architecture, or culture of an area by an appropriate local or state governmental
jurisdiction. Such standards and regulations are intended to facilitate the restoration or change
of occupancy so as to preserve their original or restored elements and features, to encourage
energy conservation and a cost effective approach to preservation, and to provide for
reasonable safety from fire, seismic forces or other hazards for occupants and users of such
"buildings, structures and properties" and to provide reasonable availability and usability by
the physically disabled.
COMBINING HISTORIC PRESERVATION AND
BROWNFIELD DEVELOPMENT INCENTIVES AND TAX CREDITS:
CASE STUDIES IN CREATIVE DEAL MAKING
A PRIMER ON THE HISTORIC REHABILITATION
TAX CREDIT
John H. Gadon
Lane Powell Spears Lubersky LLP
Portland, Oregon
September 13, 2003
American Bar Association
Section of Taxation and Section of Real Property and Probate Law Joint Fall CLE Meeting
ã 2003 John H. Gadon
2006 Annual Convention
Succession and Estate Planning for the
Small/Family Business
Corporate Counsel Section
2.5 General and .5 Ethics CLE Hours
May 3-5, 2006 ♦ Akron
Obtain a reliable appraisal consistent with the IRS Adequate
Disclosure Requirements and Qualified Appraiser Standard, so that the
appraisal will be taken seriously by the tax court and other courts, if
necessary. Check with the appraiser’s certifying or licensing body or
agency to confirm the appraiser is actually certified or licensed and to
determine the appraiser’s record regarding complaints, suspensions,
etc.
MOTELS FOR SALE
Our ads are inexpensive - for less than it costs to place one ad in a local newspaper or
magazine, a seller can now advertise his property to the entire world, 24 hours a day. And,
when a property sells, the seller owes us NO REAL ESTATE COMMISSION.
Trustreet Properties Inc. is a leading provider of financial and real estate solutions in the
restaurant industry. Trustreet, and its affiliated companies, represent and have financed
approximately 2,900 restaurant properties located in 49 states. These restaurant properties
are operated by corporate franchisors or franchisees of fast-food, family-style or casual-dining
restaurant chains such as Applebee's, Arby's, Bennigan's, Burger King, Denny's, Golden
Corral, Ground Round, IHOP, Jack in the Box, KFC, Pizza Hut, Ruby Tuesday, Sonny's Real Pit
Bar Bar-B-Q, Steak and Ale, Taco Bell, T.G.I. Friday's, Wendy's and Village Inn.
Building a Safer Workplace
Click a course title for program description and secure online registration or call 1-866-385-
7470 ext. 2919 to learn more. RIT has been recently designated a U.S. Department of Labor
OSHA Training Institute education center for Region 2, serving New York, New Jersey, Puerto
Rico and the U.S. Virgin Islands. These hands-on programs are designed to promote safety in
the workplace and reduce the cost to society associated with accidents and unhealthy work
environments. A full calendar of courses is now available. Please click the appropriate link
below for a full course description, dates and registration information. View the 2006-2007
OSHA Course Catalog [.pdf]
(Excerpts from Lesson 1)
INTRODUCTION
This is a FREE introductory course in valuing your business. The course is "stand alone" with
manual calculations or may be used in conjunction with the time-saving Business Valution
Calculator
This course will:
Introduce you to many of the concepts behind valuing a business.
Show you a step-by-step procedure for valuing a business.
Provide you with a free manual Data Worksheet and lead you through a valuation of your own
business. Optionally, provide you with the inexpensive C&S ASSOCIATES ONLINE BUSINESS
VALUATION CALCULATOR, the BVC, to automatically make all calculations and provide
default values of the valuation variables.
Discuss how to maximize or minimize your value.
Explain the advantages and disadvantages of "Do-It-Yourself" valuations
AN INFORMATION CENTER IN FORENSIC SCIENCE, LAW AND PUBLIC POLICY FOR
LAWYERS, FORENSIC SCIENTISTS, EDUCATORS, AND PUBLIC OFFICIALS
Why this FORENSIC CENTER NEWSLETTER?
Contact Information
PLEASE NOTE: Forensic-Evidence, or its editor, cannot answer legal questions or provide
investigative means to readers who desire to pursue specific legal problems. To deal with
these issues, consult a licensed attorney in the state where you reside or where the problem
exists.
I. A number of amendments of the Federal Rules of Evidence are expected to go into effect on
December 1, 2000. Among the ones that are of particular interest to persons dealing with
expert opinion evidence, the major change is to Rule 702.
Rule 702. Testimony by experts, If scientific, technical, or other specialized knowledge will
assist the trier of fact to understand the evidence of to determine a fact in issue, a witness
qualified as an expert by knowledge, skill, experience, training, or education, may testify
thereto in the form of an opinion or otherwise, if (1) the testimony is sufficiently based upon
reliable facts or data. (2) the testimony is the product of reliable principles and methods, and
(3) the witness has applied the principles and methods reliably to the facts of the case. [New
matter is underlined]
The Scope of the PCA
As indicated in our proposal, the property condition assessment, or PCA, conforms to
ASTM standards. These standards have clearly defined limitations with which you
should be aware. However, the assessment is essentially visual and non-destructive
and relies on random sampling techniques, as opposed to comprehensive analysis, and
is not technically exhaustive. The PCA is intended to identify defects or deficiencies, or
alert you to the need for further evaluation by specialists, and to recommend necessary
improvements that could affect your evaluation of the property. Nevertheless, the
following specialized assessments are beyond the scope of our service, but can be
undertaken for a revised fee.
Blue Book Invitation to Bid Messaging enables you to communicate with companies listed in
The Blue Book quickly, easily and FREE OF CHARGE! Simply follow the steps below and
make sure to include all required information.
1. Enter contact and project information. You MUST fill in the required fields (marked with a
red asterisk).
2. Click on the "Select Companies to Message" tab to choose the companies you would like
to include, in all the categories that you need for this project.
3. Click the "View ITB Proof" button to review your message and then click "Sent ITBs Now" to
send your message.
The Foundation publishes a variety of periodicals and reports focusing on regional and
national housing issues.
BuildingBlocks
BuildingBlocks, a Fannie Mae Foundation newsletter, is aimed at housing and community
development practitioners.
Housing Facts & Findings
Housing Facts & Findings, a Fannie Mae Foundation newsletter, shares knowledge about
housing and community development issues.
Housing Policy Debate
Housing Policy Debate provides discussion and original research on a broad range of housing
and community development issues.
Journal of Housing Research
The Journal of Housing Research, which is currently published by the American Real Estate
Society, was published by the Fannie Mae Foundation until 2003. Back issues of this
publication are still available on this Web site.
Housing in the Nation's Capital Report
An annual report on housing trends in the District of Columbia and the surrounding areas, plus
periodic briefs that provide a timely and in-depth examination of individual issues facing the
city and region.
Case Studies
Case studies feature innovative practices in housing and community development.
Census Notes
The latest analysis of U.S. Census data.
Reports
The Fannie Mae Foundation produces numerous reports on housing and community.
OUR JOURNALS
--------------------------------------------------------------------------------
Journal of Real Estate Research
The American Real Estate Society's flagship journal, the Journal of Real Estate Research
(JRER), provides valuable insight into issues in real estate for practitioners and academics
alike. The focus of the Journal is to investigate and expand the frontiers of knowledge that
cover business decision-making applications or scholarly real estate research. ARES has a
special interest in research that can be useful to the business decision maker in areas such as
development, finance, management, market analysis, marketing and valuation.
Journal of Real Estate Literature
The Journal of Real Estate Literature (JREL) encourages academic research and teaching in
the field of real estate by providing information for researchers and educators. Our scope
includes, but goes beyond, that of the traditional literature journal listing published research,
dissertations, and work in progress. We intend to include other information on tools, such as
software and data bases, helpful to those pursuing research.
Journal of Real Estate Portfolio Management
The Journal of Real Estate Portfolio Management (JREPM) features articles on the
management of real estate portfolios. Its purpose is to disseminate applied research on real
estate investment and portfolio management. Authors are encouraged to submit the findings of
original research or synthesis articles.
Journal of Real Estate Practice and Education
The Journal of Real Estate Practice and Education (JREPE) encourages excellence in
teaching and seeks to motivate research in real estate education and practice. It provides a
basis for the exchange of innovative opinions and research findings among practicing real
estate professionals, educators and researchers internationally. The contents provide
information on the teaching of real estate and research findings that are critical to the
understanding of the practice and education in real estate.
Journal of Housing Research (JHR)
The objective of the JHR is to serve as an outlet for theoretical and empirical research on a
broad range of housing related topics, including but not limited to, the economics of housing
markets, residential brokerage, home mortgage finance and mortgage markets, and
international housing issues.
OTHER ARES PUBLICATIONS
-------------------------------------------------------------------------------
Monographs
An annual research monograph targets topics that warrant special attention outside the
regular venue of journal publication. The Monographs bridge the gap between academic
theory and practical hands-on research in the real estate field.
Newsletter
A newsletter is published semi-annually in March and October. Information on member
activities, announcements of interest to the membership, and notices of currently open
positions related to real estate are solicited by the Newsletter editor.
Volume 28, Number 4, 2006 of the Journal of Real Estate Research
How Tax Credits Have Affected the Rehabilitation of the Boston Office Market
Historic Buildings and Rehabilitation Expenditures: A Panel Data Approach
Evidence from Tax-Exempt Firms on Motives for Participating in Sale-Leaseback Agreements
Considerations in the Design and Construction of Investment Real Estate Research Indices
Modelling the Value Adding Attributes of Real Estate to the Wealth Maximization of the Firm
All articles listed here are available for download in portable document format.
Fannie Mae-Owned Property Search REO
To help your search, please provide the state where you want to search for a property. Or, for
a more specific search, provide the state and city; the state and ZIP code; or the state, city,
and ZIP code. You can also search for a specific property type by selecting either single-
family, 2-4 unit, or condo/co-op from the "Property Type" drop-down menu.
You can sort your results by price, type of property, or ZIP code by selecting from the "Sorted
By" options.
Your use of the Fannie Mae-Owned Property Search is subject to the following terms and
conditions.
Feature Search-Freddie Mac REO
To begin searching for homes by features, you may complete as few as one (1) of the
search options below. Or, if you choose, you may complete them all to narrow your search.
We suggest that you always include the state.
After making your selections, click Find Homes to start your search.
To start a new search, click Reset.
Homes for Sale by the U. S. Government
FHA "Brings the Holidays Home" Sale
The HomeSales.gov web site provides current information about single family homes for sale
by the U.S. Federal Government. These previously owned homes are for sale by public
auction or other method depending on the property. Anyone can buy a home for sale by the U.
S. Government, but you must work with a real estate agent, broker or servicing representative
to submit an offer or bid.
Currently the U.S. Departments of Housing and Urban Development (HUD), Agriculture
(USDA/Rural Development), and Veterans Affairs (VA) have homes listed on this site. Learn
how to buy them.
For additional information regarding property listings, please contact the corresponding
agency.
Agency Contact Information
Several federal agencies have properties to sell. In fact, HUD sells both single family homes
and multifamily properties. Check them out - one might be just what you're looking for!
--------------------------------------------------------------------------------
Daily Updates Assembly Bills Senate Bills
The full text of bills, resolutions, and constitutional amendments, and their status, history,
votes, analyses, and veto messages are available. If you know the bill, select the session, and
House of origin, and type the bill number to retrieve this information. To search, select the
session, and House of origin, and type the keywords and/or author name(s). An Index is
available which lists all bills introduced in the Assembly and Senate.
Office of the Secretary Contact: Joan Moody
For Immediate Release: November 12, 2003 202-208-6416
Norton Finalizes Real Estate Appraisal Reform
WASHINGTON - Secretary of the Interior Gale A. Norton today announced that real estate
appraisal functions previously performed by various agencies within the Department of the
Interior have been consolidated in a new departmental office. The Office of Appraisal Services,
housed within the department's National Business Center, will administer the various appraisal
services required by Interior's programs. Brian Holly, Chief Appraiser for the U. S. Department
of Justice, has agreed to serve as Acting Chief Appraiser for the department and head the
office.
This edition of the personal property appraisal manual represents our continued effort to
improve the quality of personal property assessment in North Carolina. It is our hope that the
use of this manual will be of assistance to all county property appraisers as you undertake the
difficult task of personal property valuation. It is our intention to keep this manual as current as
possible, and any suggestions or comments you have will be appreciated.
This edition features updated legal, listing, and machinery & equipment appraisal sections.
The most noticeable feature is the addition of the personal property appraisal section and the
overall focus on personal property in general, rather than only business personal property.
The manual will continue to evolve with each subsequent publication as we learn more about
the appraisal of personal property. We would like to recognize the contributions of our former
staff members, Roger Ellis and Jim Wagner for their work on the earlier editions of the manual.
In addition, we would like to thank all the support staff of our office for their efforts in preparing
the manuscript.
§ 105-272. Purpose of Subchapter.
The purpose of this Subchapter is to provide the machinery for the listing,
appraisal, and assessment of property and the levy and collection of taxes on
property by counties and municipalities. It is the intent of the General Assembly to
make the provisions of this Subchapter uniformly applicable throughout the State,
and to assure this objective no local act to become effective on or after July 1,
1971, shall be construed to repeal or amend any section of this Subchapter in
whole or in part unless it shall expressly so provide by specific reference to the
section to be repealed or amended. As used in this section, the term "local act"
means any act of the General Assembly that applies to one or more counties by
name, to one or more municipalities by name, or to all municipalities within one or
more named counties. (1939, c. 310, s. 1802; 1971, c. 806, s. 1; 1991, c. 11, s. 1.)
The California Department of Real Estate has published this booklet in response to an
apparent need for information concerning disclosures required in real property transactions.
This booklet is limited to the most common disclosures required by statute and does not
include disclosures required by agreement between the principals (buyer and seller; borrower
and lender; lessee and lessor, etc.).
Should you need assistance or further information, consult the statutory references included,
an attorney or a knowledgeable real estate professional. Also, this booklet has a list of
government agencies which you may contact for further information, as appropriate.
Because the laws concerning disclosure obligations may change, you should use this booklet
only as a general source of information.
Westmoreland-LG&E Partners (“taxpayer”) appeals the final
decision of the North Carolina Property Tax Commission
(“Commission”) confirming the ad valorem tax valuation by Halifax
County (“appellee”) of taxpayer’s business personal property
(“personal property”).
Property Information Resources in Los Angeles
The City of Los Angeles offers three online resources for obtain information about properties
located within the city limits. Researchers may use these resources to lookup basic property
data that often forms the basis for conducting additional historical research. The data available
on these sites is in part derived from the Los Angeles County Tax Assessor. The City of Los
Angeles has taken this information and combined it with even more information collected and
maintained by different city departments.
All three websites incorporate interactive web-based geographic information systems (GIS).
These systems were independently developed by the Los Angeles Department of City
Planning, the Los Angeles Department of Public Works, and the Los Angeles Information
Technology Agency. You will find that each site tends to contain some duplicative information,
as it has only been in the past couple years that Los Angeles has made an effort to
consolidate its online resources into one system.
Free Web Access to Public Records
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AN INFORMATION CENTER IN FORENSIC SCIENCE, LAW AND PUBLIC POLICY FOR
LAWYERS, FORENSIC SCIENTISTS, EDUCATORS, AND PUBLIC OFFICIALS
Why this FORENSIC CENTER NEWSLETTER?
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CertificatesHome Loan Homepage Veterans Information Portal Home Loan Information Am I
Eligible for a Home Loan? Property Management Construction & Valuation Lenders, Servicers,
and Real Estate Professionals Contact Us VA Monitoring Unit Loan Production Specially
Adapted Housing Home Loan Guaranty Services
Lenders and Real Estate Professionals Homepage
Radon
Radon (chemical symbol Rn) is a naturally occurring radioactive gas found in soils, rock, and
water throughout the U.S. It has numerous different isotopes, but radon-220, and -222 are the
most common. Radon causes lung cancer, and is a threat to health because it tends to collect
in homes, sometimes to very high concentrations. As a result, radon is the largest source of
exposure to naturally occurring radiation
Acoustical Guide
Introduction Rating Principles Data Methodologies Glossary Worksheets References
Example
Purpose
This Acoustical Glazing Design Guide has been prepared for the building design professional,
manufacturer of Saflex protective interlayer used in laminated glass. This guide includes the
most comprehensive and up-to-date collection of laboratory-tested sound transmission loss
data for laminated, monolithic and air-spaced glass configurations. It is an indispensable
reference for anyone concerned about sound transmission through windows.
The primary purpose of this publication is to present easy-to-follow methodologies for
estimating the minimum required sound transmission loss (TL) for exterior glazing exposed to
the most common sources of exterior environmental noise: aircraft, highway traffic and rail
transportation. These methodologies are devised to enable the architect to explore glazing
options early in project development.
I Civil Engineering
This booklet has been created by Automated Valuation Technologies,
Inc. (AVT). AVT was founded by David A. Braun in 1993. The
purpose of AVT is to fill the voids in appraisal practice that result from
the rapidly changing appraisal environment. Appraisers often find
themselves engaged in new activities, which quite frankly, they are not prepared
to deal with. This is both unfortunate and unacceptable. It is unfortunate
because appraisers are not fully effective in carrying out their duties. It is
unacceptable because it compromises the vital role appraisers perform in the
safekeeping of their country’s greatest wealth (real property).
AVT operates under the belief that there is no substitute for the
“Neighborhood Appraiser”. Their knowledge of the local market is unique
and cannot be duplicated by remote computer analysis. These local
appraisers are hardworking and dependable. Without question, these gritty
individuals will carry out their duties as long as they have the technical
means to do so.
I would like to invite my fellow appraisers to download and use the “USL
Documenter” which manages the common phrases presented in this booklet (see
Addenda (C)). It can be accessed and downloaded at my company’s web site
“www.braunappraisal.com”. There is no charge for this software. This
application runs in Microsoft® Excel™ XP 2002 and newer within a windows
operating system. You must have Excel loaded on your computer in order to run
this software.
American FactFinder-Your source for population, housing, economic, and geographic data
Federal Public Links: Click Here
National & International Public Link: Click Here
Property Condition Assessment, PCA, PCR Sample Report
Commercial Real Estate Appraiser, Commercial Real Estate Appraisal, Residential Appraiser,
Apartment Appraiser, Commercial Appraisal, Special Purpose Property, Office Property,
California Appraiser, Forensic Appraiser, PMI Removal Appraiser, Fee Appraisal. Certified
General Appraiser, Tax Appraiser, ASA, American Society of Appraisers, Appraiser Appraisal
Information,
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON :
For sale by the Superintendent of Documents, U.S. Government Printing Office
Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800
Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001
24–197 PDF 2005
S. HRG. 108–869
THE REAL ESTATE APPRAISAL INDUSTRY
HEARING
BEFORE THE
SUBCOMMITTEE ON HOUSING AND TRANSPORTATION
OF THE
COMMITTEE ON
BANKING, HOUSING, ANDURBANAFFAIRS
UNITED STATES SENATE
ONE HUNDRED EIGHTH CONGRESS
SECOND SESSION
ON
CERTAIN PRIVATE ENTITIES AS OUTLINED IN TITLE XI OF THE FINANCIAL
INSTITUTIONS REFORM, RECOVERY, AND ENFORCEMENT ACT
OF 1989, THAT ESTABLISH UNIFORM RULES FOR REAL ESTATE APPRAISALS
AND SET MINIMUM CRITERIA FOR CERTIFYING APPRAISERS
MARCH 24, 2004
Printed for the use of the Committee on Banking, Housing, and Urban Affairs
(
Available at: http://www.access.gpo.gov/senate/senate05sh.html
Committee: US Senate Committee on Banking, Housing, and Urban Affairs
Title: The Real Estate Appraisal Industry
Date: 3/24/04
Time: 2:30 PM
Place: 538 Dirksen Senate Office Building
Agenda: The Subcommittee on Housing and Transportation will meet in OPEN SESSION to
conduct a hearing on the "Real Estate Appraisal Industry."
TOKYO (XFN-ASIA) - The Land Ministry plans to increase monitoring of property valuations
amid a surging market for
securitized real estate, the Nikkei reported, without citing sources.
The ministry will require disclosure of income projections that serve as the basis for
determining market value, and will consider revoking the registrations of appraisers found to
have made improper valuations, as it seeks to shield investors from undue losses, the financial
daily said.
The government will also consider setting up an independent panel consisting of academics,
lawyers and real estate specialists to monitor whether appropriate appraisals are made under
the new guidelines, the paper said.
In addition, the Japanese Association of Real Estate Appraisal and the Land Ministry will be
given the power to seek redress for inappropriate valuations,
The Jack Brause Library began in 1983 as a small collection to support New York University's
Real Estate Institute. Since then, it has evolved into an impressive source of national repute.
When the NYU School of Continuing and Professional Studies introduced the Masters of
Science in Real Estate Development and Investment in 1988, the Library grew as well.
Additions included reference material, increased subscriptions, and a computerized in-house
periodical index.
Today, the Jack Brause Library is the most comprehensive facility of its kind, designed to meet
the information needs of the entire real estate community. While supporting the Masters of
Science program, the Library also opens its doors to members outside the NYU community
(See Access Policy). It contains materials on all aspects of the real estate industry, from
finance and investment, to development, management, and economics. Resources include
industry forecasts, property ownership, zoning laws and maps, mortgage banking, retail
leasing trends, real estate investment trusts, or even job hunting.
The Fitch Ratings Commercial Mortgage Backed Securities Group consists of approximately
50 analysts each possessing a thorough understanding of the real estate market including
underwriting, originator policies and the practices of mortgage loan servicers. In a market that
is highly sensitive to economic change and that is continually devising new types of debt
structures, Fitch CMBS has developed forward-thinking rating criteria and investor services
that have made Fitch Ratings a leader in CMBS deal and performance analytics. The group's
rating process incorporates debt service coverage and loan-to-value analysis; reviews of
historical financial statements and re-underwriting of sample loans; property tours and on-site
management visits; originator and loan file reviews; and legal document review.
You need to compare features of ARMs to find the one that best fits your needs. See the
Mortgage Shopping Worksheet.
This handbook explains how ARMs work and discusses some of the issues that borrowers may
face. It includes ways to reduce the risks and gives some pointers about advertising and other
ways you can get information from lenders and other trusted advisers. Important ARM terms
are defined in a glossary. And the Mortgage Shopping Worksheet can help you ask the right
questions and figure out whether an ARM is right for you. Ask lenders to help you fill out the
worksheet so you can get the information you need to compare mortgages.
What Is an ARM?
An adjustable-rate mortgage differs from a fixed-rate mortgage in many ways. With a fixed-rate
mortgage, the interest rate stays the same during the life of the loan. With an ARM, the
interest rate changes periodically, usually in relation to an index, and payments may go up or
down accordingly.
Recently Passed Debt Collection Bill Offers Some Relief to Property Owners Shortly before
adjourning for the current mid-term election recess, Congress passed the Financial Services
Regulatory Relief Act of 2006, S. 2586. While the legislation is beneficial to apartment owners
and their attorneys when legal action is underway to collect overdue rent or evict a resident,
industry observers believe that it does not go far enough.
H.R. 4
Taxpayers are required to obtain a qualified appraisal for donated property with a value
of $5,000 or more, and to attach an appraisal summary to the tax return.351 Under Treasury
regulations, a qualified appraisal means an appraisal document that, among other things: (1)
relates to an appraisal that is made not earlier than 60 days prior to the date of contribution of
the appraised property and not later than the due date (including extensions) of the return on
which a deduction is first claimed under section 170;352 (2) is prepared, signed, and dated by
a qualified appraiser; (3) includes (a) a description of the property appraised; (b) the fair
market value of such property on the date of contribution and the specific basis for the
valuation; (c) a statement that such appraisal was prepared for income tax purposes; (d) the
qualifications of the qualified appraiser; and (e) the signature and taxpayer identification
number of such appraiser; and (4) does not involve an appraisal fee that violates certain
prescribed rules.353
WEB FEATURE: Mold Prevention Techniques
By Paul Shipp, Ph.D., P.E., USG Corporation
DECEMBER 08, 2006 -- We are nearing the one-year anniversary of the formation of the
Responsible Solutions to Mold Coalition (RSMC), which was announced at the National
Association of Home Builders’ International Builders’ Show earlier this year in Orlando, Fla.
USG Corporation, along with 12 other members recognized that there is an overabundance of
information on mold, much of it difficult to understand and use, and some of it even misleading
or incorrect. RSMC was launched to provide a single source of accurate, science-based
information on mold, and it is in the process of finding new and innovative ways to
communicate this information to both building industry professionals and homeowners.
Common Mistakes Home & Condo Sellers Make
1. Failure to effectively market the property. Good marketing distinguishes your home from
hundreds of others on the market, selling its benefits not just its features. Open houses and
print advertising (the most obvious) are only moderately effective. Only 1% of homes are sold
at open houses, and just 3% of people purchased their homes after seeing a print ad! Your
real estate agent should be using other methods as well to attract prospects. Ask your real
estate agent to provide a list of things they will do to market your home.
Standpipe Systems Wet/Dry
Texas City Sued Over Rent Law That Targets Immigrants
ALFREDO VASQUEZ, ET AL. V. CITY OF FARMERS BRANCH
December 26, 2006
The ACLU and Mexican American Legal and Education Defense Fund are suing a Texas
suburb over a rent ordinance that makes landlords and property managers "document the U.S.
citizenship or 'eligible immigration status' of all tenants" as a pre-condition to renting housing.
According to the lawsuit, "[l]andlords will be subject to criminal conviction and civil sanctions if
they fail to correctly interpret and comply" with the Dallas suburb's law.
Condemnation/Eminent Domain:
October 25, 2006
Daily Journal
"Changing Eminent Domain: Five Laws vs. Proposed Initiative
Authored By: Bradford Kuhn, John Murphy
October 23, 2006
California Real Estate Journal
"Eminent Domain Reform Arrives in California Ahead of Election Day"
Authored By: Bradford Kuhn, John Murphy
September 1, 2006
Real Estate Southern California
"Exploring the Eminent Anderson Initiative"
Authored By: Jennifer Dienhart, Lisa Holmes, John Murphy
July 31, 2006
California Real Estate Journal
"Low-Profile Anderson Initiative Would Change Eminent Domain and Land-Use Planning
Radically"
Authored By: Jennifer Dienhart, Lisa Holmes, John Murphy
July 25, 2006
Daily Journal
"Anderson Initiative Goes to Extraordinary Lengths to Limit Eminent Domain"
Authored By: Jennifer Dienhart, Lisa Holmes, John Murphy
February 18, 2003
California Real Estate Journal
"Should Jurors Hear the Whole Story?"
Authored By: John Murphy, Michael Thornton
February 1, 2000
Valorem Principia, Volume 8, Issue 1
"Discoverability of Pre-Litigation Expert Appraisal Reports: The Consistent and the Dead "
Authored By: John Murphy, Rick Rayl
Am. Canyon Cmty. United for Responsible Growth v. City of Am. Canyon, No. A111278,
A112088 (Cal. 1st App. Dist. November 17, 2006;)
Denial of petitions for writ of mandate challenging defendant city's approval of 24-hour Wal-
Mart supercenter combining big-box discount store and full grocery store, without requiring
supplemental environmental review under CEQA, is reversed where defendant prejudicially
violated: 1) CEQA by unreasonably minimizing the size increase of the retail development, and
then failing to proceed as required by law when it refused to consider the extraterritorial effects
of the proposed supercenter; and 2) its own zoning ordinance by approving the supercenter
without approving a major modification application.
How to Find Flood Zones in Pasco County, Florida
Often buyers and sellers want to know if a property is located partially or completely within a
designated flood zone. Buyers need to know this information since their lenders will probably
require flood insurance on the property.
One of the surest ways to find out is to have a survey done and have the surveyor make an
exact determination. Of course, that can be pricey if you are just curious or are in the very
preliminary stages of contemplating a purchase.
In Pasco County we are lucky since our county property appraiser has included this
information on his website. Here are the instructions that should enable you to view a particular
property and have the computer "paint" in any flood zones that might exist.
Colorado stumped on land credits
$193 million handed out, but state lacks details about acres
By Ann Imse, Rocky Mountain News
December 19, 2006
Colorado has handed out $193 million of tax credits for preserving land from development in
the past six years, but it doesn't know how much land has been saved or where it is.
The conservation easement tax credit was expected to cost a few million dollars a year - not
the $85 million it cost in 2005, said State Rep. Michael Garcia, D-Aurora.
Conservation easements have been popular for preserving ranches and scenic open space
around the state. But officials didn't know the program's cost until the legislature's Joint Budget
Committee asked - and received an answer Monday.
Conservation easements work like this: An appraiser says a piece of land is worth $100,000
developed or $40,000 not developed. The owner donates a conservation easement to a land
trust. The owner ends up with land worth $40,000 because nothing can be built on it, and a
$60,000 tax credit. If the owner doesn't have $60,000 of state income taxes to avoid, he or she
can sell the tax credit to someone who does.
Commercial appraisal, Appraiser Commercial Los Angeles,LA, L.A.,
Commercial Real Estate Appraiser, Commercial Real Estate Appraisal, Residential Appraiser,
Apartment Appraiser, Commercial Appraisal, Special Purpose Property, Office Property,
California Appraiser, Forensic Appraiser, PMI Removal Appraiser, Fee Appraisal. Certified
General Appraiser, Tax Appraiser, ASA, American Society of Appraisers, Appraiser Appraisal
Information,
Take a look at the Appraisal Assistant Hiring Matrix Download
AppraiserAssistantHiringMatrix12-05.xls , and you will see we give more points for a good
Credit Score, than we do for a License or Residential Experience.
Taking assignments with a Predetermined Value violates USPAP and the very reason we were
licensed. Once an appraiser has been Conditioned to Anchor on Price, they are essentially
ruined as a real appraiser. The bias toward a Predetermined Value shows up in a Forensic
Review. Forensic Reviews are done when litigation starts and are much more in depth and the
normal review. When I put on the first Real Estate Fraud seminar in September of 1999, there
was a lawyer in the audience, who contacted me the next day and gave me an assignment
MLS Status Abbreviations
http://www.powerofknowledge.net/glossary/mls_abbreviations.php
Real Estate Abbreviations
http://www.powerofknowledge.net/glossary/real_estate_abbreviations.php
FYI: Arthur Andersen had A FULL STAFF OF MAI APPRAISERS
One of there most recent clients (other than ENRON) was the Los Angeles Unified School
District. They are now a defunked Corporation.
Chicago's Andersen accounting firm must stop auditing publicly traded companies following the
firm's conviction for obstructing justice during the federal investigation into the downfall of
Enron Corp. For decades, Andersen was a fixture in Chicago's business community and, at
one time, the gold standard of the accounting industry. How did this legendary firm disappear?
http://www.chicagotribune.com/business/chi-andersen,0,6908777.special
Analysis of. . .Enclosed Shopping Center
Gas Stations
--------------------------------------------------------------------------------
Gas stations are among the most common types of commercial real estate and the most
difficult to appraise. The valuation of a gas station can be as simple as the gathering of a
handful of good comparable sales and valuation analysis of the same kind that is applied to a
house. Or it may involve analysis on different levels: of income, of a going concern, of
construction cost, and of equipment.
The Right Time to Sell
NRC's clients are mostly dealers and distributors throughout the nation. They frequently ask
us when is the right time to sell their locations. There are a number of factors to consider in
determining the answer to this question.
Market Conditions
If you are waiting for market conditions to improve, such as higher fuel and inside store
margins, you may end up selling for less. Over the past few years, margins have been
continually moving downward. The market pressure that big-box retailers selling gas have put
on the marketplace has lessened profitability. The strategy of making that loss up with volume
has also been more difficult in current market conditions. Make sure to consider the current
and forecasted market conditions.
Sites making money are much easier to sell than those that are not. Furthermore, banks tend
to be much more willing to lend on profitable locations. The rates that they are lending at
should also play a roll in making your decision. Long-term interest rates continue to be near
historic lows. If a buyer must pay a higher interest rate when borrowing money, that buyer has
to pay you less for your property. Rates have been going up steadily for almost a year, and will
undoubtedly be 1% higher a year from now. National Petroleum News (Gas Station.)
CRA/LA Presents Development Opportunity Sites in South Los Angeles
Recent reports show over a billion dollars in sales leakage in South Los Angeles. With
moderately priced land and support from City officials, South Los Angeles is a Smart Move and
the best urban investment opportunity in Los Angeles.
With leadership and support from Mayor Antonio R. Villaraigosa, the Community
Redevelopment Agency of the City of Los Angeles (CRA/LA) and other City Departments are
working together to provide development incentives, streamline approval processes and
market prime development opportunity sites in South Los Angeles.
With major CRA/LA projects and new initiatives underway, now is the right time to invest in
South Los Angeles.
Please click here to view development opportunity sites.
for the past ten years, the PikeNet Dispatch has focused on business trends, marketing
strategies and technology tools that might impact your success.
But this week will be the last for the Dispatch. It's time for a personal change! Next year I will
take a "sabbatical" (details in the final Dispatch on Thursday). The PikeNet web site will
remain, providing access to all 984 previous issues.
There is one constant in the real estate business and that is the fundamental importance of
personal relationships. This has been the great joy for me, both as a broker and commentator.
How does a construction loan work?
A construction loan finances the land, land improvements (such as clearing, grading, utilities,
driveway, etc.), actual construction costs, finishes in the home (such as carpeting, appliances,
etc.), architects and engineer's fees, permit fees, interest payments on the construction loan
while the home is under construction (so you don’t have to make payments on your present
home plus the home under construction if you do not wish to) and closing costs on the
transaction.
A one-time-close construction loan seamlessly converts to a permanent mortgage when the
home is finished. So, you can finance the initial purchase of the land (or the payoff of a land
loan if you already have taken title to the land) and the turn-key cost of building your new
home and effortlessly convert to a permanent mortgage when your home is finished with just
one set of closing costs.
Countrywide offers one-time-close construction loans.
At closing the loan funds the initial land purchase or lot payoff. Then, as the builder
commences construction you can take periodic draws of additional funds to make progress
payments to the builder. Interest is paid only on those funds you have drawn; and as
mentioned that interest can also be borrowed so you don’t have to write a check every month if
you do not wish to.
The interest rate can be fixed at the initial closing and during construction. When the home is
finished, and occupancy is possible, the loan converts to a fixed or adjustable rate mortgage
over the number of years you select. Plus, you can even reduce your interest rate to the
market rate at that time to lower your payments!
INTRODUCTION
Although the United States is more
than 200 years old, its housing
inventory is young. In 2001, just
8.3 percent of all American hous−
ing was built before 1920.1 This
report examines housing units
built 82 years or more ago (which
are referred to as old units), and
compares their characteristics with
those of units built after 1989
(which are referred to as new
units). The data are from the 2001
American Housing Survey (AHS),
National Sample.2
Old housing is important for sever−
al reasons. Despite its small pro−
portion of the total housing stock,
old homes account for about
10 million housing units and were
the primary residence of 8.6 mil−
lion households. Because of their
age, these units may present par−
ticular problems in housing quality
and safety, but they may also have
unique characteristics (aside from
any historical significance) that
could make them desirable homes.
Finally, given that the median price
of new single−family homes sold in
2001 was $175,200, these old
houses may provide more afford−
able opportunities for homeowner−
ship.3
Restaurants are the cornerstones of
the economy, career-and-employment
opportunities for millions of
Americans, and local communities.
Nationally, with 925,000 restaurant locations, the
restaurant industry’s direct sales are $511 billion a
year—more than $1.4 billion a day. Including the
impact restaurants have on sales in related industries,
the industry’s overall impact on the U.S. economy is
$1.3 trillion a year—about 10 percent of the U.S. gross
domestic product.
Electrical Wiring FAQ
Residential Architect Online
HOW TO BEAT A SEARCH ENGINE? (APPRAISAL INSTITUTE - MAI)
Business-Card CD Available to Chapters for Member Promotion
More than 20 chapters have already put in their request for quantities of a mini-CD that will set
up a link to our national online Directory of Members. Chapter executive staff or presidents
were recently notified via e-mail about the availability of this business-card CD, which has been
developed to tie in the Visibility Campaign promoting the services of Appraisal Institute
members to key client groups.
We are offering chapters the opportunity to request up to 500 CDs at this time, which will be
drop-shipped at no cost to your chapter office or other specified address. To line up your
shipment, simply indicate the quantity of CDs you would like to receive along with your shipping
address (no PO Box addresses, please) and telephone number and e-mail that information to
Jan Seefeldt at 312-335-4440 or e-mail jseefeldt@appraisalinstitute.org.
The CD does not contain directory listings itself, but a program that installs an AI icon on one’s
computer, providing direct access to our Find an Appraiser Web page. The CD will be
distributed nationally at the trade shows and conferences where the Appraisal Institute will
have an exhibit this year, and we also want to supply every chapter with some of these CDs to
distribute as occasions warrant.
As the real estate broker for the federal government, Public Works and Government Services
Canada is responsible for the development and management of appraisal standards. The
guidelines ensure uniformity of format and content in the delivery of appraisal services to
Government of Canada departments, agencies and Crown Corporations. Volume 1 of the
Appraisal Guidelines deals with the appraisal products themselves, the industry standards, the
report formats, and special appraisal situations and problems often faced by the PWGSC
appraiser. For more information, please contact:
André C. Morin, Chief Appraiser
191 Promenade du Portage
Gatineau, Québec
K1A 0S5
(819) 956-7470
andre.morin@pwgsc.gc.ca
The expert appraiser needs to be self-confident and be
an advocate for his or her own work. The appraiser is not
to be an advocate for his or her employer or use the
“made as instructed” approach to value. This latter point
may seem obvious, but there is usually a lot of pressure
exerted on expert appraisers to give the client what is
needed to win the case in question. Sometimes the
appraiser’s best decision is to tell his or her attorney that
the data do not support the attorney’s theory and the case
should be settled. Although this usually results in short term
anger, in the long run, telling the truth will win the
loyalty and respect of the client.
REALLY
Utah Appraisal Institute President (mai)
4. Lobbying Efforts
National has a full time staff of three attorneys in Washington, DC working on our behalf to
keep up with federal legislation and other initiatives that impact our profession and to act as a
liaison to the local chapters in keeping up with state issues. We also have our own local
lobbyist who works with Utah appraisers. Lobbying is one of those behind the scenes activities
that many of us may not give much thought to however, the efforts of these people affect us
individually and our profession in ways that many of us are unaware.
Part 4. Examining Process
Chapter 48. Engineering Program
Section 4. Business Valuation Guidelines
The purpose of this document is to provide guidelines applicable to all IRS personnel engaged
in valuation practice (herein referred to as "valuators") relating to the development, resolution
and reporting of issues involving business valuations and similar valuation issues. Valuators
must be able to reasonably justify any departure from these guidelines.
Section 5. Intangible Property Valuation Guidelines
The purpose of this document is to provide guidelines applicable to all IRS personnel that are
engaged in valuation practice (hereinafter referred to as valuators), relating to the
development, resolution, and reporting of issues involving intangible property valuations and
similar valuation issues. Valuators must be able to reasonably justify any departure from these
guidelines.
Section 6. Real Property Valuation Guidelines
Introduction
The purpose of this document is to provide guidelines applicable to all IRS personnel engaged
in valuation practice (hereinafter referred to as valuators) relating to the development,
resolution and reporting of issues involving real property valuations and similar valuation
issues. Valuators must be able to reasonably justify any departure from these guidelines.
This document incorporates by reference, the ethical and conduct provisions, contained in the
Office of Government Ethics (OGE) Standards of Ethical Conduct, applicable to all IRS
employees.
Valuations of assets owned and/or transferred by or between controlled taxpayers (within the
meaning of Treasury Regulation section 1.482–1(i)(5)) may present substantive issues that
are not addressed in these guidelines.
MSN Virtual Earth Maps
The purpose of this document is to provide guidelines applicable to all IRS personnel engaged
in valuation practice (hereinafter referred to as “Valuators”) relating to the development,
resolution and reporting of issues involving real property valuations and similar valuation
issues. Valuators must be able to reasonably justify any departure from these guidelines.
This document incorporates by reference, the ethical and conduct provisions, contained in the
Office of Government Ethics (OGE) Standards of Ethical Conduct, applicable to all IRS
employees.
Since 1913, The Blue Book of Building and Construction has been the construction industry's
premier information source. The Blue Book, headquartered in Westchester County, New York,
publishes regional construction directories in most major markets throughout the United
States. Online, thebluebook.com provides easy access to continually updated information for
each of The Blue Book's regional editions. Construction buyers and sellers also have free
access to BB-Bid, The Blue Book's online bid
Locate a Reverse Mortgage Lender
Use the search tool below to locate lenders in your state (specifically the state in which the
property is located). All lenders are members of the National Reverse Mortgage Lenders
Association, licensed to originate reverse mortgages in the states in which they are listed,and
have signed NRMLA's Code of Conduct. IMPORTANT NOTE: This list is provided expressly as
a service for consumers who are looking for lenders to contact to learn more about reverse
mortgages. It is not for the use of vendors who are marketing products or services to lenders.
Marketers who misuse this list will be reported to Spam monitors.
http://www.reversemortgage.org/Default.aspx?tabid=255&ViewID=1&t1=California&AutoRun=1
The Capitol Hill Declaration on Corridor Valuation: An Appeal for a Paradigm Shift from
Monopolistic to Market Corridor Valuation Methods And Federal Rights-of-Way Rent Schedules
Do conventional appraisal methods provide a reasonable approach for estimating market
rent? If not, what appraisal methods or approaches would be more appropriate, if any?
Condensed Answer: Conventional corridor valuation methods (e.g., Across-The-Fence (ATF)
Method, Reproduction Cost Method, Liquidation Value Method, Value for Non-Corridor Use),
and legal case law approaches such as the Nominal Method, are both self-interested and
polarizing approaches that do not solve the corridor fair market rent valuation or easement
valuation problems at hand in a “new economy” in a deregulated environment. Deregulation of
the natural gas, telecommunications, and regional electric utilities requires consideration of
alternative methods that reflect “buyer’s market” value that assumes the availability of an
alternate route in contrast with “seller’s market” value (ATF value, corridor premiums) that are
predicated on no alternate route:
The Going Rate Method (based on a buyer’s calculus) for estimation of fair market corridor
rents;
Percentage Rents and Auction Prices uncoupled from land-based valuations.
The Alternate Route Method for estimation of the fair market value for compatible use
easements within existing corridors or Federal lands;
Fair Division Algorithms for estimation of easement percentage interests;
The Federal Historic Preservation Tax Credit Program provides federal income-tax incentives
for the rehabilitation of historic income-producing properties. The Illinois Historic Preservation
Agency, Preservation Services division, administers it for Illinois properties.
Under the provisions of the Tax Reform Act of 1986, a 20% tax credit is available for the
substantial rehabilitation of commercial, agricultural, industrial, or rental residential buildings
that are certified as historic. The credit may be subtracted directly from federal income taxes
owed by the owner. (Note: The U.S. Internal Revenue Service is the final judge of economic
matters relative to certified rehabilitations. Therefore, it is advisable that you consult with a tax
accountant or lawyer before completing your tax return.)
The Valuation of a Law Firm in a Divorce Proceeding Should Be Measured by Fair Market
Value. by Peter M. Walzer and Edward Poll*
A law practice has value even apart from its old couch, obsolete library, barely functioning IBM
386, accounts receivable, and whatever work is in progress. In addition to these assets, a
practice may have goodwill, but the value of that goodwill may be the subject of much dispute.
Nevertheless, in a divorce action, a court may find not only that a lawyer has goodwill but also
that the lawyer's spouse must be compensated for that goodwill. Regrettably, the chance that
a marriage will end in divorce is about 50 percent. Goodwill has various definitions, but the
controlling definitions used in a divorce proceeding is found in the leading case on
professional practice valuation - In re Marriage of Foster.1
Saratoga Harness Racing, Inc. v. Williams, 1998 N.Y. Int. 0070 (June 9, 1998).
TAXATION - REAL PROPERTY ASSESSMENT - METHODS OF VALUATION
Comparable lease income method is appropriate valuation method for owner-owed property.
[SUMMARY] | [ISSUE & DISPOSITION] | [AUTHORITIES CITED] | [COMMENTARY]
SUMMARY
The City of Saratoga Springs (the "City") assessed the Saratoga Harness racetrack using the
replacement cost less depreciation method of valuation. The City used this method of
valuation based on its determination that the property is a "specialty." Saratoga Harness
argued that the comparable lease income formula was the appropriate method of valuation,
and protested the City's method of valuation with the Board of Assessment Review (the
"Board"). The Board rejected these protests and Saratoga Harness initiated judicial
proceedings to challenge the City's assessments.
The Supreme Court found that there is a market for racetrack property and therefore that a
racetrack such as the one at issue does not qualify as a "specialty." In addition, the court
concluded that the comparable lease income method is valid and appropriate. On appeal, the
Appellate Division determined that the property is a specialty, rejected Saratoga Harness's use
of the comparable lease income formula, and reversed.
California Revenue and Taxation Code:
(a) Except as is otherwise provided in Section 110.1, "full cash value" or "fair market value"
means the amount of cash or its equivalent that property would bring if exposed for sale in the
open market under conditions in which neither buyer nor seller could take advantage of the
exigencies of the other, and both the buyer and the seller have knowledge of all of the uses
and purposes to which the property is adapted and for which it is capable of being used, and
of the enforceable restrictions upon those uses and purposes.
(b) For purposes of determining the "full cash value" or "fair market value" of real property,
other than possessory interests, being appraised upon a purchase, "full cash value" or "fair
market value" is the purchase price paid in the transaction unless it is established by a
preponderance of the evidence that the real property would not have transferred for that
purchase price in an open market transaction. The purchase price shall, however, be
rebuttably presumed to be the "full cash value" or "fair market value" if the terms of the
transaction were negotiated at arms length between a knowledgeable transferor and
transferee neither of which could take advantage of the exigencies of the other. "Purchase
price," as used in this section, means the total consideration provided by the purchaser or on
the purchaser's behalf, valued in money, whether paid in money or otherwise. There is a
rebuttable presumption that the value of improvements financed by the proceeds of an
assessment resulting in a lien imposed on the property by a public entity is reflected in the
total consideration, exclusive of that lien amount, involved in the transaction. This presumption
may be overcome if the assessor establishes by a preponderance of the evidence that all or a
portion of the value of those improvements is not reflected in that consideration. If a single
transaction results in a change in ownership of more than one parcel of real property, the
purchase price shall be allocated among those parcels and other assets, if any, transferred
based on the relative fair market value of each.
With regard to the inverse condemnation issue, we conclude that owners
and occupiers of roadside property do not possess a “right to be seen” that requires
the payment of compensation for municipal landscaping efforts having no
injurious effect on any property rights other than the claimed right to visibility.
We also agree with the Court of Appeal that the planting of trees in the vicinity of
Regency’s billboards did not implicate the compensation requirement set forth in
Business and Professions Code section 5412. Finally, we affirm the award of
costs and fees, rejecting Regency’s arguments that Code of Civil Procedure
section 998 categorically does not apply to offers made by defendants in inverse
condemnation actions, that the City’s offer to compromise was so low as to bar it
from the subsequent recovery of costs and fees, and that Code of Civil Procedure
section 998 does not authorize an award, to a defendant, of expert witness fees
incurred before the defendant extends its offer to compromise.
We affirm. Under the unique facts of this proceeding, we conclude the district court did not err
in permitting the Water District's experts to testify there was no diminution of value as a result
of the taking.
The Yates built a home on a 10-acre lot they purchased in a Butler County subdivision. The
particular lot they purchased was identified as Lot 7, Towakoni Hills. The Yates' lot and other
lots in the subdivision were subject to covenants and restrictions requiring them to be used for
residential purposes. The properties to the north of the Yates' lot were zoned commercial, and
some of the properties adjacent to the Yates' property were used commercially for mobile
home sales and outdoor storage sales. The Yates had arranged for a 3-foot tall earthen berm
with trees to be constructed between their property and the commercial properties. The Yates'
property was served by a private well and a sewage lagoon.
The Water District acquired Lot 6, located immediately west of the Yates' property, for the
purpose of constructing a water tower and other improvements. The Water District sought a
special use permit to allow the proposed use, which was granted despite the Yates' objections.
The Yates filed suit in Butler County District Court in an effort to enforce the covenants and
restrictions and to vacate the special use permit. The Water District responded by adding the
Yates' property as a taking in its pending condemnation proceeding.
The appraisers in the administrative condemnation action viewed the Yates' property, held a
public hearing, and filed their report, valuing the Yates' restrictive covenant interest at $500.
The Yates appealed the award of the appraisers and requested a jury trial on the issue of
compensation and damages.
At the jury trial, Sara Ralston and Richard Jiminez testified in their representative capacities as
members of the Board of Directors of the Water District. Walter Sharp, Lewis Simmons, and
Fayne Henson testified as expert witnesses on the appraised value of the Yates' real property
on behalf of the Water District.
Sharp, Simmons, and Henson each testified that the appraised value of the Yates' property
was $240,000 both before and after the Water District condemned the Yates' restrictive
covenant interest. According to the Water District's expert witnesses, the damage to the Yates'
property from the taking was zero. The Yates' trial counsel's objections to the admission of
each expert's testimony, questioning its relevance, and his motions to strike were overruled.
David Yates testified that he would not have built his house at that location had he known that
the Water District would erect a water tower on Lot 6. According to David, he had reviewed the
covenants and restrictions limiting the Towakoni Hills properties to residential uses prior to his
purchase of Lot 7 and considered them to be of great importance. David stated that he paid
$319,000 to build his home and believed the value of his property after the taking was
$200,000. David testified that he was requesting the jury to award him $119,000 in damages.
The value of property being taken by eminent domain cannot be based on the property's
zoning if the same entity that is taking the property also imposed the zoning, the Fourth District
Court of Appeal has ruled. The court held that San Diego County Superior Court Judge
Sheridan Reed was correct to prevent the jury from considering restrictive zoning on property
that the City of San Diego took for a freeway. Instead, the jury based its decision on testimony
from the property owners' experts, who presented values based on the property being rezoned
like similar, nearby land.
Section 330 of title 31 of the United States Code authorizes the Secretary of the
Treasury to regulate practice before the Treasury Department. The Secretary has
published the regulations in Circular 230 (31 CFR part 10). On December 20, 2004, the
Treasury Department and the IRS published in the Federal Register (69 FR 75839)
2 final regulations (Final Regulations) applicable to written advice that is rendered after
June 20, 2005. Since publication of the Final Regulations, Treasury and the IRS have
received a number of comments highlighting areas where the language of the Final
Regulations might have consequences inconsistent with their intent. Upon
consideration of those comments, the Treasury Department and the IRS have made
revisions to the Final Regulations, as described below, to clarify the language of the
Final Regulations.
Remember playing Monopoly as a kid, where amassing deeds to property--
those little color-coded cards--was all-important? Real-life deeds
aren't nearly so colorful, but they're still very, very important. Here
are some questions commonly asked about deeds.
Buying and Selling Property: What You and Your Lawyer Need To Know
PART 1
So you’ve decided to sell your house or buy another – congratulations! One question though:
now what? Who do you call first? Where do you go? How much should it cost? Is it too late to
back out now that you know how much you don’t know? Okay, start with deep breaths. Luckily
for you there are vast systems in place to help out with every aspect of your real estate
transaction, including:
Masonry Construction brings together the complex and fragmented components of the
masonry industry -- contractors, general contractors, architects, engineers, and producers --
providing technical advice, innovative methods and materials, state-of-the-art projects, and
essential product information.
Masonry Construction's mission is simple: to provide solid, impartial, immediately useful
information on the materials, methods, and equipment needed to build in masonry. The
magazine is designed to be the single source masonry contractors need, no matter what
information they require. From technical, to business, to product, to emerging trends, the
information we provide in each issue is accurate, timely and relevant.
And now, with expanded offerings on the Masonry Construction Web site, that information is
easier than ever to find and use. We invite you to view current feature articles online and take
advantage of the wealth of information available in our article and problem clinic archives.
what is RUDI?
An independent, unbiased service, the Resource for Urban Design Information (RUDI) is the
largest web resource dedicated to urban design and placemaking
Featuring more than 5,000 documents and more than 9,000 images, RUDI is the largest web
resource dedicated to urban design and placemaking.
The site is widely used, with more than 40,000 visitors every month
In an 8-1 opinion issued on May 3, 1999, the U.S. Supreme Court held in Bank of America
National Trust & Savings Association v. 203 N. LaSalle Street Partnership1 that old equity
holders were disqualified from participating in a "new value" plan over the objection of a senior
class of impaired creditors where the opportunity to contribute new capital and receive
ownership interests in the reorganized entity was given exclusively to old equity holders without
consideration of alternatives.2 Justice Souter, who delivered the opinion of the court (joined
by Chief Justice Rehnquist and Justices O’Connor, Kennedy, Ginsburg and Breyer), stopped
short of (i) determining whether the Bankruptcy Code ("Code") includes a new value corollary
or exception or (ii) declaring a per se rule prohibiting "new value."3 Instead, the majority
limited its ruling and held that the plan was simply "doomed" by providing the investment
opportunity only to old equity, thereby failing to satisfy 11 U.S.C. § 1129(b)(2)(B)(ii).
This is very interesting, and it may be an indirect way of getting at the public use problem.
"Fair market value" considers what other people would be willing to pay for the land, but not
what the developer is willing to pay and not what the owner is willing to sell for. The owner
clearly values his land more than the fair market value, or else he would have sold the land
already. The private developer, anticipating the profits to be earned from his new
development, also values the land more than the fair market value. Therefore, as Professor
Bainbridge explains, when the government uses eminent domain powers to force the sale at
fair market value, the owner ends up worse off and the developer ends up better off.
HUD Glossary
Fair market value: the hypothetical price that a willing buyer and seller will agree upon when
they are acting freely, carefully, and with complete knowledge of the situation
Overview
Under the umbrella of NMHC's Technology Forum, the National Multi Housing Council, along
with the National Apartment Association (NAA), is supporting the industry-wide initiative to
establish data standards and extensible mark-up language (XML) architecture to enhance and
support the development of systems solutions for the apartment industry. The initiative is
called the "Multifamily Information and Transactions Standard" (MITS) project and is open to all
interested firms and individuals. A collaborative effort of the apartment industry, MITS is
funded by contributions from over 55 companies and receives financial support from NMHC
and NAA. To date, the standards initiative has established seven separate transactions-based
standards, several of which are used by technology firms and apartment owners and
managers.
In recent years, the merits and need for a standard set of data definitions and software
protocol to integrate these standards has been debated. Not until late January 2002 did
enough apartment industry executives reach a consensus to initiate a standards initiative.
Industry executives that participated in the discussions included representatives from
apartment firms, management companies, systems providers, credit and resident screening
companies, Internet service providers, consultants, and others.
Preface
In 1993, the National Association of Real Estate Investment Managers (NAREIM), the National
Council of Real Estate Investment Fiduciaries (NCREIF), and the Pension Real Estate
Association (PREA) joined forces to identify existing information standards for the institutional
real estate industry called the Real Estate Information Standards (REIS). REIS has evolved
since then, including narrowing of the various practices in the areas of valuation, accounting,
performance measurement and reporting.
Philosophy
The underlying principles guiding this standards-setting approach include disclosure of reliable
information which is relevant to investor decision making processes and adequate description
of policies and practices to facilitate analysis. We believe that such an approach will contribute
to furthering the understanding of real estate as an asset class and its place in a broader
capital markets universe.
Assessors' Handbook sections are available here for viewing and printing. You may also
purchase copies of Assessors' Handbook sections by downloading, printing, and submitting
the following form:
BOE-663-AH, Purchase Order For Assessor's Handbook Sections, Rev. 18 (01-05)
Table of Contents
AH 201, Assessment Roll Procedures, (06-85)
AH 215, Assessment Map Standards, (08-92)
AH 265, Cemetery Exemption, (08-77)
AH 267, Welfare, Church, and Religious Exemptions, (10-04)
AH 501, Basic Appraisal, (01-02)
AH 502, Advanced Appraisal, (12-98)
AH 503, Cash Equivalent Analysis, (03-85)
AH 504, Assessment of Personal Property and Fixtures, (10-02)
AH 505, Capitalization Formulas and Tables, (06-93)
AH 510, Assessment of Taxable Possessory Interests, (12-02)
AH 511, Assessment of Manufactured Homes and Parks, (11-01)
AH 513, Assessment of Shopping Centers, (01-83)
AH 515, Assessment of Golf Courses, (01-83)
AH 516, Assessment of Cemeteries, (01-83)
AH 521, Assessment of Agricultural and Open-Space Properties, (10-03)
AH 531, Residential Building Costs, (01-06)
AH 534, Rural Building Costs, (01-06)
AH 542, Assessment Of Water Companies And Water Rights, (12-00)
AH 560, Assessment of Mining Properties, (03-97)
AH 566, Assessment of Petroleum Properties, (01-99)
AH 570, Assessment of Commercial Aircraft, (01-72)
AH 576, Assessment of Vessels, (02-02)
AH 577, Assessment of General Aircraft, (11-03)
AH 581, Equipment Index and Percent Good Factors, (01-06)
AH 582, Explanation of the Derivation of Equipment Percent Good Factors, (02-81)
Assessment Appeals Manual, (5-03)
State Assessment Manual, (3-03)
Timber Tax Manual, (11-05)
Appraiser oversight
Appraiser penalties
The provision establishes a civil penalty on any person who prepares an appraisal that is
to be used to support a tax position if such appraisal results in a substantial or gross valuation
misstatement. The penalty is equal to the greater of $1,000 or 10 percent of the
understatement
of tax resulting from a substantial or gross valuation misstatement, up to a maximum of 125
percent of the gross income derived from the appraisal. Under the provision, the penalty does
not apply if the appraiser establishes that it was “more likely than not” that the appraisal was
correct.
Disciplinary proceeding
The provision eliminates the requirement that the Secretary assess against an appraiser
the civil penalty for aiding and abetting the understatement of tax before such appraiser may
be
subject to disciplinary action. Thus, the Secretary is authorized to discipline appraisers after
notice and hearing. Disciplinary action may include, but is not limited to, suspending or barring
an appraiser from: preparing or presenting appraisals on the value of property or other assets
to
the Department or the IRS; appearing before the Department or the IRS for the purpose of
offering opinion evidence on the value of property or other assets; and providing that the
appraisals of an appraiser who has been disciplined have no probative effect in any
administrative proceeding before the Department or the IRS.
TECHNICAL EXPLANATION OF H.R. 4,
THE “PENSION PROTECTION ACT OF 2006,”
AS PASSED BY THE HOUSE ON JULY 28, 2006,
AND AS CONSIDERED BY THE SENATE
ON AUGUST 3, 2006
To state the obvious, the starting point for evaluating businesses is to define the standard
for valuation in tax cases. Fair Market Value Standard
Fair market value does not necessarily mean the same as "fair value", "intrinsic value", or
even "investment value". One typical distinction between fair value and fair market value is that
most court's do not apply a discount for lack of marketability to closely held stock under the fair
value standard, but courts almost always apply a discount for lack of marketability in
conjunction with closely held minority interests under the fair market value standard.
The definition of fair market value is that which is found in the Treasury Regulations that
define the term "fair market value" for Federal estate and gift tax purposes.
Fair market value is defined in the Treasury's regulations as "the price at which the
property would change hands between a willing buyer and a willing seller, neither being under
any compulsion to buy or to sell and both having reasonable knowledge of relevant facts."8
Each element of the Fair Market Value Definition deserves attention.
The failure to focus on the totality of the definition may lead to an inaccurate or
incomplete definition. To be sure, an actual arm's-length sale of the subject property is most
indicative of the price that a willing buyer would pay a willing seller on the valuation date,
assuming, of course, that the date of the sale is close enough to the valuation date to make
bothsale prices representative of each other.9 It is important to emphasize that mere sales of
thesubject property may not be sufficient to dictate the proper valuation.
An Overview of the Purpose, Application and Intent of the State Historical Building Code
It is the purpose of the State Historical Building Code to provide regulations and standards for
the rehabilitation, preservation, restoration (including related reconstruction) or relocation as
applicable to all historical buildings, structures and properties deemed of importance to the
history, architecture, or culture of an area by an appropriate local or state governmental
jurisdiction. Such standards and regulations are intended to facilitate the restoration or change
of occupancy so as to preserve their original or restored elements and features, to encourage
energy conservation and a cost effective approach to preservation, and to provide for
reasonable safety from fire, seismic forces or other hazards for occupants and users of such
"buildings, structures and properties" and to provide reasonable availability and usability by
the physically disabled.
COMBINING HISTORIC PRESERVATION AND
BROWNFIELD DEVELOPMENT INCENTIVES AND TAX CREDITS:
CASE STUDIES IN CREATIVE DEAL MAKING
A PRIMER ON THE HISTORIC REHABILITATION
TAX CREDIT
John H. Gadon
Lane Powell Spears Lubersky LLP
Portland, Oregon
September 13, 2003
American Bar Association
Section of Taxation and Section of Real Property and Probate Law Joint Fall CLE Meeting
ã 2003 John H. Gadon
2006 Annual Convention
Succession and Estate Planning for the
Small/Family Business
Corporate Counsel Section
2.5 General and .5 Ethics CLE Hours
May 3-5, 2006 ♦ Akron
Obtain a reliable appraisal consistent with the IRS Adequate
Disclosure Requirements and Qualified Appraiser Standard, so that the
appraisal will be taken seriously by the tax court and other courts, if
necessary. Check with the appraiser’s certifying or licensing body or
agency to confirm the appraiser is actually certified or licensed and to
determine the appraiser’s record regarding complaints, suspensions,
etc.
MOTELS FOR SALE
Our ads are inexpensive - for less than it costs to place one ad in a local newspaper or
magazine, a seller can now advertise his property to the entire world, 24 hours a day. And,
when a property sells, the seller owes us NO REAL ESTATE COMMISSION.
Trustreet Properties Inc. is a leading provider of financial and real estate solutions in the
restaurant industry. Trustreet, and its affiliated companies, represent and have financed
approximately 2,900 restaurant properties located in 49 states. These restaurant properties
are operated by corporate franchisors or franchisees of fast-food, family-style or casual-dining
restaurant chains such as Applebee's, Arby's, Bennigan's, Burger King, Denny's, Golden
Corral, Ground Round, IHOP, Jack in the Box, KFC, Pizza Hut, Ruby Tuesday, Sonny's Real Pit
Bar Bar-B-Q, Steak and Ale, Taco Bell, T.G.I. Friday's, Wendy's and Village Inn.
Building a Safer Workplace
Click a course title for program description and secure online registration or call 1-866-385-
7470 ext. 2919 to learn more. RIT has been recently designated a U.S. Department of Labor
OSHA Training Institute education center for Region 2, serving New York, New Jersey, Puerto
Rico and the U.S. Virgin Islands. These hands-on programs are designed to promote safety in
the workplace and reduce the cost to society associated with accidents and unhealthy work
environments. A full calendar of courses is now available. Please click the appropriate link
below for a full course description, dates and registration information. View the 2006-2007
OSHA Course Catalog [.pdf]
(Excerpts from Lesson 1)
INTRODUCTION
This is a FREE introductory course in valuing your business. The course is "stand alone" with
manual calculations or may be used in conjunction with the time-saving Business Valution
Calculator
This course will:
Introduce you to many of the concepts behind valuing a business.
Show you a step-by-step procedure for valuing a business.
Provide you with a free manual Data Worksheet and lead you through a valuation of your own
business. Optionally, provide you with the inexpensive C&S ASSOCIATES ONLINE BUSINESS
VALUATION CALCULATOR, the BVC, to automatically make all calculations and provide
default values of the valuation variables.
Discuss how to maximize or minimize your value.
Explain the advantages and disadvantages of "Do-It-Yourself" valuations
AN INFORMATION CENTER IN FORENSIC SCIENCE, LAW AND PUBLIC POLICY FOR
LAWYERS, FORENSIC SCIENTISTS, EDUCATORS, AND PUBLIC OFFICIALS
Why this FORENSIC CENTER NEWSLETTER?
Contact Information
PLEASE NOTE: Forensic-Evidence, or its editor, cannot answer legal questions or provide
investigative means to readers who desire to pursue specific legal problems. To deal with
these issues, consult a licensed attorney in the state where you reside or where the problem
exists.
I. A number of amendments of the Federal Rules of Evidence are expected to go into effect on
December 1, 2000. Among the ones that are of particular interest to persons dealing with
expert opinion evidence, the major change is to Rule 702.
Rule 702. Testimony by experts, If scientific, technical, or other specialized knowledge will
assist the trier of fact to understand the evidence of to determine a fact in issue, a witness
qualified as an expert by knowledge, skill, experience, training, or education, may testify
thereto in the form of an opinion or otherwise, if (1) the testimony is sufficiently based upon
reliable facts or data. (2) the testimony is the product of reliable principles and methods, and
(3) the witness has applied the principles and methods reliably to the facts of the case. [New
matter is underlined]
The Scope of the PCA
As indicated in our proposal, the property condition assessment, or PCA, conforms to
ASTM standards. These standards have clearly defined limitations with which you
should be aware. However, the assessment is essentially visual and non-destructive
and relies on random sampling techniques, as opposed to comprehensive analysis, and
is not technically exhaustive. The PCA is intended to identify defects or deficiencies, or
alert you to the need for further evaluation by specialists, and to recommend necessary
improvements that could affect your evaluation of the property. Nevertheless, the
following specialized assessments are beyond the scope of our service, but can be
undertaken for a revised fee.
Blue Book Invitation to Bid Messaging enables you to communicate with companies listed in
The Blue Book quickly, easily and FREE OF CHARGE! Simply follow the steps below and
make sure to include all required information.
1. Enter contact and project information. You MUST fill in the required fields (marked with a
red asterisk).
2. Click on the "Select Companies to Message" tab to choose the companies you would like
to include, in all the categories that you need for this project.
3. Click the "View ITB Proof" button to review your message and then click "Sent ITBs Now" to
send your message.
The Foundation publishes a variety of periodicals and reports focusing on regional and
national housing issues.
BuildingBlocks
BuildingBlocks, a Fannie Mae Foundation newsletter, is aimed at housing and community
development practitioners.
Housing Facts & Findings
Housing Facts & Findings, a Fannie Mae Foundation newsletter, shares knowledge about
housing and community development issues.
Housing Policy Debate
Housing Policy Debate provides discussion and original research on a broad range of housing
and community development issues.
Journal of Housing Research
The Journal of Housing Research, which is currently published by the American Real Estate
Society, was published by the Fannie Mae Foundation until 2003. Back issues of this
publication are still available on this Web site.
Housing in the Nation's Capital Report
An annual report on housing trends in the District of Columbia and the surrounding areas, plus
periodic briefs that provide a timely and in-depth examination of individual issues facing the
city and region.
Case Studies
Case studies feature innovative practices in housing and community development.
Census Notes
The latest analysis of U.S. Census data.
Reports
The Fannie Mae Foundation produces numerous reports on housing and community.
OUR JOURNALS
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Journal of Real Estate Research
The American Real Estate Society's flagship journal, the Journal of Real Estate Research
(JRER), provides valuable insight into issues in real estate for practitioners and academics
alike. The focus of the Journal is to investigate and expand the frontiers of knowledge that
cover business decision-making applications or scholarly real estate research. ARES has a
special interest in research that can be useful to the business decision maker in areas such as
development, finance, management, market analysis, marketing and valuation.
Journal of Real Estate Literature
The Journal of Real Estate Literature (JREL) encourages academic research and teaching in
the field of real estate by providing information for researchers and educators. Our scope
includes, but goes beyond, that of the traditional literature journal listing published research,
dissertations, and work in progress. We intend to include other information on tools, such as
software and data bases, helpful to those pursuing research.
Journal of Real Estate Portfolio Management
The Journal of Real Estate Portfolio Management (JREPM) features articles on the
management of real estate portfolios. Its purpose is to disseminate applied research on real
estate investment and portfolio management. Authors are encouraged to submit the findings of
original research or synthesis articles.
Journal of Real Estate Practice and Education
The Journal of Real Estate Practice and Education (JREPE) encourages excellence in
teaching and seeks to motivate research in real estate education and practice. It provides a
basis for the exchange of innovative opinions and research findings among practicing real
estate professionals, educators and researchers internationally. The contents provide
information on the teaching of real estate and research findings that are critical to the
understanding of the practice and education in real estate.
Journal of Housing Research (JHR)
The objective of the JHR is to serve as an outlet for theoretical and empirical research on a
broad range of housing related topics, including but not limited to, the economics of housing
markets, residential brokerage, home mortgage finance and mortgage markets, and
international housing issues.
OTHER ARES PUBLICATIONS
-------------------------------------------------------------------------------
Monographs
An annual research monograph targets topics that warrant special attention outside the
regular venue of journal publication. The Monographs bridge the gap between academic
theory and practical hands-on research in the real estate field.
Newsletter
A newsletter is published semi-annually in March and October. Information on member
activities, announcements of interest to the membership, and notices of currently open
positions related to real estate are solicited by the Newsletter editor.
Volume 28, Number 4, 2006 of the Journal of Real Estate Research
How Tax Credits Have Affected the Rehabilitation of the Boston Office Market
Historic Buildings and Rehabilitation Expenditures: A Panel Data Approach
Evidence from Tax-Exempt Firms on Motives for Participating in Sale-Leaseback Agreements
Considerations in the Design and Construction of Investment Real Estate Research Indices
Modelling the Value Adding Attributes of Real Estate to the Wealth Maximization of the Firm
All articles listed here are available for download in portable document format.
Fannie Mae-Owned Property Search REO
To help your search, please provide the state where you want to search for a property. Or, for
a more specific search, provide the state and city; the state and ZIP code; or the state, city,
and ZIP code. You can also search for a specific property type by selecting either single-
family, 2-4 unit, or condo/co-op from the "Property Type" drop-down menu.
You can sort your results by price, type of property, or ZIP code by selecting from the "Sorted
By" options.
Your use of the Fannie Mae-Owned Property Search is subject to the following terms and
conditions.
Feature Search-Freddie Mac REO
To begin searching for homes by features, you may complete as few as one (1) of the
search options below. Or, if you choose, you may complete them all to narrow your search.
We suggest that you always include the state.
After making your selections, click Find Homes to start your search.
To start a new search, click Reset.
Homes for Sale by the U. S. Government
FHA "Brings the Holidays Home" Sale
The HomeSales.gov web site provides current information about single family homes for sale
by the U.S. Federal Government. These previously owned homes are for sale by public
auction or other method depending on the property. Anyone can buy a home for sale by the U.
S. Government, but you must work with a real estate agent, broker or servicing representative
to submit an offer or bid.
Currently the U.S. Departments of Housing and Urban Development (HUD), Agriculture
(USDA/Rural Development), and Veterans Affairs (VA) have homes listed on this site. Learn
how to buy them.
For additional information regarding property listings, please contact the corresponding
agency.
Agency Contact Information
Several federal agencies have properties to sell. In fact, HUD sells both single family homes
and multifamily properties. Check them out - one might be just what you're looking for!
--------------------------------------------------------------------------------
Daily Updates Assembly Bills Senate Bills
The full text of bills, resolutions, and constitutional amendments, and their status, history,
votes, analyses, and veto messages are available. If you know the bill, select the session, and
House of origin, and type the bill number to retrieve this information. To search, select the
session, and House of origin, and type the keywords and/or author name(s). An Index is
available which lists all bills introduced in the Assembly and Senate.
Office of the Secretary Contact: Joan Moody
For Immediate Release: November 12, 2003 202-208-6416
Norton Finalizes Real Estate Appraisal Reform
WASHINGTON - Secretary of the Interior Gale A. Norton today announced that real estate
appraisal functions previously performed by various agencies within the Department of the
Interior have been consolidated in a new departmental office. The Office of Appraisal Services,
housed within the department's National Business Center, will administer the various appraisal
services required by Interior's programs. Brian Holly, Chief Appraiser for the U. S. Department
of Justice, has agreed to serve as Acting Chief Appraiser for the department and head the
office.
This edition of the personal property appraisal manual represents our continued effort to
improve the quality of personal property assessment in North Carolina. It is our hope that the
use of this manual will be of assistance to all county property appraisers as you undertake the
difficult task of personal property valuation. It is our intention to keep this manual as current as
possible, and any suggestions or comments you have will be appreciated.
This edition features updated legal, listing, and machinery & equipment appraisal sections.
The most noticeable feature is the addition of the personal property appraisal section and the
overall focus on personal property in general, rather than only business personal property.
The manual will continue to evolve with each subsequent publication as we learn more about
the appraisal of personal property. We would like to recognize the contributions of our former
staff members, Roger Ellis and Jim Wagner for their work on the earlier editions of the manual.
In addition, we would like to thank all the support staff of our office for their efforts in preparing
the manuscript.
§ 105-272. Purpose of Subchapter.
The purpose of this Subchapter is to provide the machinery for the listing,
appraisal, and assessment of property and the levy and collection of taxes on
property by counties and municipalities. It is the intent of the General Assembly to
make the provisions of this Subchapter uniformly applicable throughout the State,
and to assure this objective no local act to become effective on or after July 1,
1971, shall be construed to repeal or amend any section of this Subchapter in
whole or in part unless it shall expressly so provide by specific reference to the
section to be repealed or amended. As used in this section, the term "local act"
means any act of the General Assembly that applies to one or more counties by
name, to one or more municipalities by name, or to all municipalities within one or
more named counties. (1939, c. 310, s. 1802; 1971, c. 806, s. 1; 1991, c. 11, s. 1.)
The California Department of Real Estate has published this booklet in response to an
apparent need for information concerning disclosures required in real property transactions.
This booklet is limited to the most common disclosures required by statute and does not
include disclosures required by agreement between the principals (buyer and seller; borrower
and lender; lessee and lessor, etc.).
Should you need assistance or further information, consult the statutory references included,
an attorney or a knowledgeable real estate professional. Also, this booklet has a list of
government agencies which you may contact for further information, as appropriate.
Because the laws concerning disclosure obligations may change, you should use this booklet
only as a general source of information.
Westmoreland-LG&E Partners (“taxpayer”) appeals the final
decision of the North Carolina Property Tax Commission
(“Commission”) confirming the ad valorem tax valuation by Halifax
County (“appellee”) of taxpayer’s business personal property
(“personal property”).
Property Information Resources in Los Angeles
The City of Los Angeles offers three online resources for obtain information about properties
located within the city limits. Researchers may use these resources to lookup basic property
data that often forms the basis for conducting additional historical research. The data available
on these sites is in part derived from the Los Angeles County Tax Assessor. The City of Los
Angeles has taken this information and combined it with even more information collected and
maintained by different city departments.
All three websites incorporate interactive web-based geographic information systems (GIS).
These systems were independently developed by the Los Angeles Department of City
Planning, the Los Angeles Department of Public Works, and the Los Angeles Information
Technology Agency. You will find that each site tends to contain some duplicative information,
as it has only been in the past couple years that Los Angeles has made an effort to
consolidate its online resources into one system.
Free Web Access to Public Records
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State Public Links: AK AL AR AZ CA CO CT DC DE FL GA HI IA ID IL IN KS KY LA MA MD ME
MI MN MO MS MT NC ND NE NH NJ NM NV NY OH OK OR PA RI SC SD TN TX UT VA VT WA
WI WV WY
AN INFORMATION CENTER IN FORENSIC SCIENCE, LAW AND PUBLIC POLICY FOR
LAWYERS, FORENSIC SCIENTISTS, EDUCATORS, AND PUBLIC OFFICIALS
Why this FORENSIC CENTER NEWSLETTER?
(Links) Contact Information
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EligibilityMy HealtheVetVocational Rehab & Employment Services Life InsuranceCareer
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Eligible for a Home Loan? Property Management Construction & Valuation Lenders, Servicers,
and Real Estate Professionals Contact Us VA Monitoring Unit Loan Production Specially
Adapted Housing Home Loan Guaranty Services
Lenders and Real Estate Professionals Homepage
Radon
Radon (chemical symbol Rn) is a naturally occurring radioactive gas found in soils, rock, and
water throughout the U.S. It has numerous different isotopes, but radon-220, and -222 are the
most common. Radon causes lung cancer, and is a threat to health because it tends to collect
in homes, sometimes to very high concentrations. As a result, radon is the largest source of
exposure to naturally occurring radiation
Acoustical Guide
Introduction Rating Principles Data Methodologies Glossary Worksheets References
Example
Purpose
This Acoustical Glazing Design Guide has been prepared for the building design professional,
manufacturer of Saflex protective interlayer used in laminated glass. This guide includes the
most comprehensive and up-to-date collection of laboratory-tested sound transmission loss
data for laminated, monolithic and air-spaced glass configurations. It is an indispensable
reference for anyone concerned about sound transmission through windows.
The primary purpose of this publication is to present easy-to-follow methodologies for
estimating the minimum required sound transmission loss (TL) for exterior glazing exposed to
the most common sources of exterior environmental noise: aircraft, highway traffic and rail
transportation. These methodologies are devised to enable the architect to explore glazing
options early in project development.
I Civil Engineering
This booklet has been created by Automated Valuation Technologies,
Inc. (AVT). AVT was founded by David A. Braun in 1993. The
purpose of AVT is to fill the voids in appraisal practice that result from
the rapidly changing appraisal environment. Appraisers often find
themselves engaged in new activities, which quite frankly, they are not prepared
to deal with. This is both unfortunate and unacceptable. It is unfortunate
because appraisers are not fully effective in carrying out their duties. It is
unacceptable because it compromises the vital role appraisers perform in the
safekeeping of their country’s greatest wealth (real property).
AVT operates under the belief that there is no substitute for the
“Neighborhood Appraiser”. Their knowledge of the local market is unique
and cannot be duplicated by remote computer analysis. These local
appraisers are hardworking and dependable. Without question, these gritty
individuals will carry out their duties as long as they have the technical
means to do so.
I would like to invite my fellow appraisers to download and use the “USL
Documenter” which manages the common phrases presented in this booklet (see
Addenda (C)). It can be accessed and downloaded at my company’s web site
“www.braunappraisal.com”. There is no charge for this software. This
application runs in Microsoft® Excel™ XP 2002 and newer within a windows
operating system. You must have Excel loaded on your computer in order to run
this software.
American FactFinder-Your source for population, housing, economic, and geographic data
Federal Public Links: Click Here
National & International Public Link: Click Here
Property Condition Assessment, PCA, PCR Sample Report
| We Make a Simple Pledge to Communicate, in a timely Fashion, each appraisal, analysis, and opinion without bias or partiality Abstain from behavior that is deleterious to our clients, the appraisal profession, and the public Hold paramount the confidential nature of the appraiser/consultant - client relationship and Comply with the requirements of the Uniform Standards of Professional Appraisal Practice and the Code of Professional Ethics of the National Society of Real Estate Appraisers |
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Commercial Appraiser and Real Estate Consultant, Los Angeles, CA
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Commercial Appraiser and Real Estate Consultant, Los Angeles, California Commercial Appraiser,Los Angeles, Commercial appraisal, comercial appraiser, Expert Witness, Real Estate consultant, LA, L.A., Southern Californiacommercial appraiser,appraiser los angeles, real estate appraiser,commercial expert witness real estate, real property,commercial appraiser, commercial real estate, Los Angeles, Estate , Probate, Trust, Tax, MAI Appraiser, LA, L.A., real estate land los angeles, commercial real estate inspectors, real estate brokers, los angeles, real estate appraiser, Los Angeles, llp, mark to marker, Land Appraiser, Special Purpose Property Appraiser, Office Property, Commercial appraisal, Restaurant, Apartment, VANDEMA, Southern California Commercial Real Estate, Residential Appraiser, Apartment Appraiser,California Appraiser,PMI Removal, Certified General, Tax , Multi Family , Bank appraisal institute| The Harris Company, Real Estate Appraiser / Consultant 5780 West Centinela Avenue, Building 1, Suite 408 Los Angeles, California 90045 310.337.1973 harris_curtis@sbcglobal.net |
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