Section 4.3.4.4

4.3.4.4. Legal Instructions.While the larger parcel must ultimately be determined by the appraiser, legal instructions are often required to address questions of law that arise within the appraiser’s analysis. For example, whether unity of ownership exists based on the quality of the property interests held in different tracts raises not only factual but legal questions.412 Thus, an appraiser must obtain legal instructions if the ownership interests in all parts of the whole are not identical in a potential larger parcel. Similarly, whether there is sufficient evidence to support a finding of an integrated use involves legal as well as factual analysis.413 In addition, in federal condemnation litigation, the appraiser’s larger parcel analysis and conclusions will be evaluated by the court and/or the finder of fact (jury, land commission, or judge).414