Section 1.14

1.14. Appraisers as Expert Witnesses. When contracting for appraisals, it is important to require the individual appraiser with whom the contract is made to actually prepare or be principally responsible for developing the appraisal and the appraisal report, and to be prepared to testify in court if it becomes necessary. There are additional reporting requirements for appraisals prepared for trial purposes (refer to Section 2.2.3 for additional requirements). 

The appraiser’s role as an expert witness in litigation carries with it a heavy responsibility that should not be taken lightly no matter how many times the appraiser has testified before. In addition, federal eminent domain cases are generally complex matters involving discovery, depositions, and testimony that require the appraiser to be well prepared and thorough. Unlike other forms of litigation such as bankruptcy cases, attorneys involved in eminent domain cases are often as knowledgeable about appraisal standards, methodology, and theory as the appraisers appearing as expert witnesses. Section 4.13.1 of these Standards is required reading for any appraiser who has been identified as an expert witness by the U.S. Department of Justice.