Section 4.5.2

4.5.2. Application of the Scope of the Project Rule.Application of the scope of the project test to any set of facts “requires discriminating judgment.”690 Thus, even if a property is unquestionably within the scope of the government project, a “mechanical application of the . . . rule” is insufficient.691 Rather, “the rule is not to be divorced from its objective— compensation awards that are just to both the public and the dispossessed landowner.”692 A nuanced factual and legal inquiry is necessary to determine what must be considered and what must be disregarded to ensure the appraiser’s opinion of market value does not unfairly reflect project influence. Depending on the specific facts of each acquisition, it may be appropriate or necessary to carefully scrutinize, adjust, or even entirely disregard potentially comparable sales that may have been tainted by the government’s acquisition activities, as indicated by date, location, applicable zoning or other factors.693