Footnotes

1195 Examples might include the property’s historical income and expense information that a landowner had not previously provided to the appraiser, or verification of the price, terms, and conditions of a prior sale of the property being appraised.1196 See, e.g., Washington v. United States (Hanford), 214 F.2d 33, 43 (9th Cir. 1954) (“Opinion evidence is only as good as the facts upon which it is based. . . . Opinion evidence without any support in the demonstrated facts . . . can have no weight ”).

1194 E.g., United States v. 8.34 Acres of Land in Ascension Par., No. 04-50D-MI, 2006 WL 6860387, at *4 (M.D. La. June 12, 2006); see Kirby Forest Indus., Inc. v. United States, 467 U.S. 1, 10 (1984).In conferring with the attorney, the appraiser should advise the attorney of any information that would be helpful in strengthening the report that was not available to the appraiser. 1195 The attorney may be able to procure this information from the landowner’s legal counsel or through

1198 See 8.34 Acres in Ascension, 2006 WL 6860387, at *4; cf. Kirby Forest Indus., Inc., 467 U.S. at 10.4 13 3 Landowners. Each and every federal acquisition involves a landowner—usually, but not always, as a willing participant. Landowners are entitled to just compensation if their property is acquired for public purposes, and to receive fair and equitable treatment no matter which agency is acquiring their land. During the appraisal process, landowners must be given an opportunity to accompany the United States’ appraiser on the inspection of their property under the Uniform Act. 1199 The site visit is a chance for landowners to share information about their property that they believe should be considered in the valuation process (Section 1.2.6.4).

1191 See USPAP Ethics Rule (“An appraiser must promote and preserve the public trust inherent in appraisal practice by observing the highest standards of professional ethics.”).1192 United States v. 711.57 Acres in Alameda Cty., 51 F. Supp. 30, 32 (N.D. Cal. 1943); see also USPAP Ethics Rule – Conduct (“[Appraisers] must not advocate the cause or interest of any party or issue ”).

1197 See, e.g., Desert Citizens Against Pollution v. Bisson, 231 F.3d 1172 (9th Cir. 2000).1198 See 8.34 Acres in Ascension, 2006 WL 6860387, at *4; cf. Kirby Forest Indus., Inc., 467 U.S. at 10.

1193 Moreover, even voluntary acquisitions may generate litigation over valuation matters or the sufficiency of appraisals. See, e.g., Desert Citizens Against Pollution v. Bisson, 231 F.3d 1172 (9th Cir. 2000).1194 E.g., United States v. 8.34 Acres of Land in Ascension Par., No. 04-50D-MI, 2006 WL 6860387, at *4 (M.D. La. June 12, 2006); see Kirby Forest Indus., Inc. v. United States, 467 U.S. 1, 10 (1984).

1192 United States v. 711.57 Acres in Alameda Cty., 51 F. Supp. 30, 32 (N.D. Cal. 1943); see also USPAP Ethics Rule – Conduct (“[Appraisers] must not advocate the cause or interest of any party or issue ”).While this description arose from an appraiser’s work as an expert witness in condemnation litigation, the same qualities are necessary for any appraisal for federal acquisition purposes. Appraisers must exercise sound judgment based on known pertinent facts and circumstances, and it is their responsibility to obtain knowledge of all pertinent facts and circumstances

1175 Clarksville, 198 F.2d at 242-43.1176 Duncanville, 469 U.S. at 33 (quoting United States v. Toronto, Hamilton & Buffalo Navigation Co., 338 U.S. 396, 402 (1949)).

1178 See USPAP, Competency Rule: Acquiring Competency, comment (“Competency can be acquired in various ways, including, but not limited to, personal study by the appraiser . . . or retention of others who possess the necessary knowledge and/or experience.”). For topics that often require additional expertise in appraisals for federal acquisitions, see Section 1.13.opinion.” 1179 But the appraiser cannot merely assume such supporting experts’ reports are accurate and reliable. Rather, the appraiser must review all supporting opinions and can rely on or adopt them only if the appraiser determines, after review, that all supporting opinions are credible, reliable, and factually supported. 1180 As the Tenth Circuit succinctly stated: “[Any expert] opinion . . . must be founded upon substantial data,…

1180 See, e.g., United States v. 1.604 Acres of Land (Granby I), 844 F. Supp. 2d 668, 678 (E.D. Va. 2011); United States v. 381.76 Acres of Land (MontegoGroup), No. 96-1813-CV, 2010 WL 3734003, *7 (S.D. Fla. Aug. 3, 2010), adopted sub nom. United States v. 10.00 Acres of Land, No. 99-0672-CIV, 2010 WL 3733994 (S.D. Fla. Sept. 22, 2010), aff’d sub nom. United States v. Gonzalez, 466 F. App’x 858 (11th Cir. 2012) (per curiam) (unpubl.); 1,014.16 Acres in Vernon, 558 F. Supp. at 1242.