Section 4.5.3
4.5.3. Legal Instructions.Because the scope of the project rule involves interrelated factual and legal questions, the appraiser must request appropriate legal instruction if there is evidence the government’s project affected the market value of the property being appraised.694 The appraiser may be asked to gather and/or analyze data to inform the legal analysis. Counsel (or the Court) will instruct the appraiser as to (1) whether the scope of the project rule applies, and, if so, (2) how the rule must be applied to the specific property under appraisal, and, if applicable (3) when the scope of the project rule applies, (i.e., the date as of which the rule is triggered).695 These legal instructions are “the criteria [the appraiser] must follow in determining” the fair market value of the property.696 As with other complex legal questions, counsel may direct the appraiser to perform a dual-premise appraisal if the legal outcome is uncertain.697