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Vernon Martin has physically appraised/valued properties on every continent except Antarctica and provides independent, unsponsored investment and valuation advice.
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US citizen resists Korean eminent domain
Why does an American real estate appraiser like me get hired to testify on foreign properties? The answer is the U.S. Court System. They don’t require American appraisers, but they need English-language testimony for a legal action in a U.S. court or arbitration, testimony supportable by the Uniform Standards of Professional Appraisal Practice (USPAP). Nowadays there is new technology like Zoom that allows foreign appraisers to testify from afar, but a foreign appraiser might need a translator and may not have the English language skills to testify in a U.S. court and survive “Cross Examination”, nor might they have a solid understanding of USPAP.
Much of my testimony has to do
with estate or divorce actions, eminent domain or tax reasons. The question
being asked is “What is the value of the property being litigated”? USPAP is important in these actions in the U.S.
In my last testimony, back in April,
for arbitration purposes, the defendant/opponent was an American Indian Reservation,
not subject to U.S. law. Their lawyers were American but unfamiliar with USPAP. When they cross-examined me they went straight
to their perceived opinion of the character of my client. I had to point out that USPAP requires me to
estimate the price that the property would receive in an open market, what it
would be worth to the next owner. The present
ownership is irrelevant, as I explained, but I disagreed with their assessment of
my client’s character without stating it, because it was irrelevant, and he was
an excellent client.
Four years ago I was testifying
in a divorce trial for an American couple in which the husband developed luxury
lodging in Costa Rica. I was hired by the wife’s attorney. The husband left her
for a younger woman. His defense was he
didn’t even own the land that he was building the property on (leasehold
interest), but I pointed out that that the property was located on highly
desirable land in the Zona Maritima, the closest Costa Rican land to the publicly
owned beach. These leasehold interests in Costa Rica have high value. I don’t
think the husband could find a Costa Rican appraiser who spoke English.
Eight years ago, I was defending
a naturalized U.S. citizen of Korean origin whose property was being seized by
eminent domain by the Seoul Municipal Government. Seoul uses a CAMA (Computer-Aided-Mass-Appraisal)
System as many American municipalities use. I went to a conference hosted by
the Korean Association of Property Appraisers, whose proceedings were published
in Korean, Japanese, Chinese and English and found an article quite explanatory
of the flaws in the Seoul CAMA system.
The Korean lawyer who hired me also gave me an excellent book entitled “Eminent
Domain: a Comparative Perspective”, written by three scholars, two of which are
Korean: Iljoong Kim, Hojun Lee and Ilya Somin.
To be brief, the Seoul CAMA system is based on multiple regression analysis, as many CAMA systems are, and as a former statistician myself, I found myself confused that they seemed to be using one equation for the whole metropolitan area. Real estate sales are public in Seoul, and I found that homes in this neighborhood had been selling for three times assessed value, but condemnation compensation was occurring at only one-third of market value as a result, because the taking was done at "announced value".
Disputes by U.S. citizens against the Republic of Korea go to arbitration by treaty. I wrote a report that was supposed to be presented with my testimony at the Hong Kong International Arbitration Centre in Hong Kong (the closest English-speaking arbitration authority in Asia), but her case was thrown out on technicalities. The Republic of Korea is a democracy that heavily favors it largest corporations and real estate developers. The bottom line was that she was offered about $700,000 for a home that would sell for $2 million. Most of her neighbors were treated the same. Because Korean appraisers are dependent upon government licensing, and the same agency that "announces" values is the agency that regulates appraisers, no Korean appraiser would take this case. That is why I was involved.
I proudly present the medallion above, but to be honest, I was only really
recognized for having one of the 10 best appraisal blogs on the Internet. Feedstock collects them in one place, and some
of their highest rated blogs I also recognize and should commend.
The vast majority of appraisal blogs I see are oriented to
residential appraisers in the USA, and I generally ignore them for just
reporting old news or whining about how life is unfair for residential
appraisers who haven’t evolved beyond the URAR form or learned how to “support
their adjustments”.
Here are the top 3 blogs I respect and honor:
Appraisal Today by Ann O’Rourke. It presents a lot of useful information, and some of
it is even oriented towards commercial appraisers like me. She is a highly seasoned appraiser and MAI.
WorkingRE, created by David Brauner, was the inspiration for my own blog, which I started 15 years ago. Even though WorkingRE is exclusively oriented towards residential appraisers, he advised me that creating a good blog would be good for increasing one’s own appraisal business. In these last 15 years and 176 posts I have now gained worked on 6 continents. I also found my Errors and Omissions Insurance through them. I don't know what happened to David Brauner, but the new publisher is Isaac Peck who has seamlessly continued the good work of this blog.
Miller Samuel is oriented towards the New York City Metropolitan Area but provides comprehensive residential statistics for those needing such information. I see them quoted in the press more often than any other appraisal blog. I've never met Jonathan Miller, but he sure knows how to blog.
For the full list of blogs, go to https://bloggers.feedspot.com/real_estate_appraiser_blogs/
Some things don't change, and I find this old post of mine to still be relevant:
It should be no secret that many of my international appraisal assignments come from on-line search engines. While I still get top of front page results on Bing and Yahoo and Yandex (Russian search engine), I’ve slid down to the 4th page on Google, where I am dismayed to find myself ranked below ads placed by trolls – unnamed middlemen who create fanciful web sites with no information about who works there, who’s in charge, and what is their experience? These trolls then call me and other real international appraisers to get us to bid on serving the suckers who got attracted to their fake sites. Trolls. Middlemen.
When they advertise a physical address more questions arise because they may not even be located near an international airport. (At least I live 19 miles from Los Angeles International Airport). One such website brags about its appraisals being done by designated members of The Appraisal Foundation, which does not designate any appraisers; it writes the Uniform Standards of Professional Appraisal Practice (USPAP), as well as designations from the Royal Institute [sic] of Chartered Surveyors, when they are really pretending to belong to the Royal Institution of Chartered Surveyors.
They may have fanciful names such as “Mega World Appraisal
Valuation”, but disclose nothing about their staff, their leadership, and their
assignments. Do not be fooled. Call a
real appraisal firm and find out who will be doing your international
assignment. If you call The International Appraiser, I promise that I will
personally appraise and inspect your properties based on 41 years of appraisal
experience. I have no other staff and
don’t farm out work to contractors, but I do confer with and sometimes hire
appraisers in other countries. I write the reports, though, and make the final
value conclusion.
The Los Angeles County Assessor
is working on assessed value reductions for as many as 19,000 properties. These “decline-in-value assessments” will be
automatic, but interestingly enough, the Assessor said that these declines in
value will only apply to the “Improved Values” of the affected properties, not
the land values.
This presumes that land cannot
burn down or be devalued by a fire because land is so permanent.
In many cases, in flat urban
neighborhoods of California, if a house burns down it can be redeveloped with a
more valuable one as well as two accessory dwelling units (now permitted by California
state laws superseding local zoning), so it seems logical that such land would
not usually go down in value.
On the other hand, in the hilly
areas in the suburbs and mountains, fire can seriously reduce the value of the
land, even when it is vacant.
The typical value-reducing
problems include:
· Flash flooding from denuded slopes. Live trees
take up rainwater through their roots, whereas dead roots result in rain runoff
continuing downhill, sometimes escalating to destructive speeds.
·
Pollution from the flash flooding, not only on
the subject property, but the properties below.
·
Toxic runoff can also potentially poison wells
in the area.
·
Rockslides can be particularly dangerous as
storm runoff loosens the soil.
·
Particularly hot fires can actually burn all the
organic matter in the soil. This could
delay the soil’s recovery for up to 20 years.
Here are some photographic
examples from my work:
The home itself was built in a large clearing in the forest, but more than 90% of the trees in the surrounding 5400 acres were destroyed, and there are many dead trees upslope from the home. Also read my blog post: The Peculiarities of Appraising and Investing in Log Homes .
Behind the home you can see two years worth of rock slides plus a stone retaining wall to deflect sheet flooding from the denuded hillside above.
The creek downhill from the home is now clogged with debris from several flash floods.
The well should be tested for pollutants after several flash floods.
The ranch was originally listed for sale for $16 million before the fire, with the price reduced to $8 million afterwards.
For more information, go to my upcoming blog at www.FireAppraiser.com .
1. 1. No boots on the ground.
T The above photo was taken from Isla de Mujeres, Mexico. It might look like a fertile agricultural field from several feet above, but it was actually a mangrove swamp, as can be seen in the photo below. One rule I insist on when I inspect is that I must actually set foot on the property, but I always tell my hosts that my client requires this so that I don't seem like a jerk.
His measurements were:
Cliff top (highlands) 446,328 square meters
Cliff face 257,242 square meters
Beachfront 426,430 square meters
To Total 1,130,000 square meters (113 hectares)
The above is the site map for a beachfront hotel. Now let us look at the Google Earth map.
While the surveyor measured beachfront area as 42 64 hectares (about 94 acres), Google Earth measured all land at less than 50 feet in altitude as 34.45 acres, and the mountains are considerably closer to the water than in the survey map. What is even odder is that 25.72 hectares were assigned to cliff face area, which is horizontal. I have never seen this done by a surveyor before.
10. Failure to use language translation applications. Google Translate is what I use, but I understand that Bing also offers such. Google Translate is not 100% perfect, but it has been solid for me in translating Spanish, and I have also used it for Portuguese, French, German, Korean and Chinese. The Asian languages are more difficult to translate. Years ago I found GT through an unlikely source, a mortgage broker who couldn't speak Spanish but was insistent about dating Colombian women. He had a computer terminal at home which was constantly set at Google Translate. He was a happy man.
11.
5
10
11,000 square foot log home in Montana, appraised in 2017
Log homes were originally built in Scandinavia and Eastern Europe as early as the Bronze Age (thousands of years ago), due to the abundance of softwood timber such as pine, cedar and spruce in these locations. These softwoods are easier to cut and built with than hardwoods.
Scandinavian craftsmen brought such construction techniques to the United States, where such homes became popular in the Western and Southern states, where softwood conifers were more abundant.
The advantages of log home construction are thermal insulation properties and the beauty of the materials. Log homes stay warmer in the winter and cooler in the summer, and I only first saw them on family vacations to Colorado from childhood homes in Texas and Iowa.
Imagine my surprise when I moved as an appraiser from Texas in 1988 to work for the largest and loan association in the U.S. in California (Home Savings of America), to find that the lender refused to lend on such properties.
As it turns out, there are disadvantages to log home construction that impair their long-term financial viability and make them foreclosure risks. Log homes are often desired for their beauty and their thermal insulation qualities, but such homes also have less marketability compared to conventional homes for the following reasons:
• Higher expense of upkeep, such as the need for annual exterior cleaning (power washing) to wash out insects and fungus (that occurs from rot and ultraviolet damage), and increased dusting on interior wall surfaces that are not vertical
•Higher insurance costs (due to the need for specialists to do repairs)
• Insect infestations
• Rot
• Inability to obtain mortgage financing. Log homes seem to become more likely to become foreclosures due to unanticipated costs and inability to refinance or sell.
• Fire risk is actually not considered to be worse than conventional homes on conventional wood stud frame homes.
For these reason, any lender wanting an
appraisal of a log home should insist that all of the comparable sales be
similar log homes.
Although I devote this blog to foreign appraisal assignments, I find appraising in Alaska not so different from appraising in a foreign country, due to low population, lack of data and government, and thinly traded markets.
Alaska divides itself into
“boroughs”, analogous to counties in other states, except that some of these
boroughs, rural in nature, have no government or municipal services because
almost all of the land is owned by the U.S. government. No local services are
needed independently of what the U.S. government is already providing, which in
the Borough of Yukon-Koyokuk are mostly road maintenance. No schools or hospitals. No tax assessor. Yukon-Koyokuk is also the
largest county or county-equivalent in size in the USA, being larger than the state of Montana.
The subject property consisted of
several hundred acres along a riverfront, a modest single-family residence and
an airstrip in a town with a census population of less than 20 residents, more
than one hundred miles from Fairbanks.
The loan applicant wanted to
contain the appraisal cost by requesting a desktop appraisal, meaning that I
appraise the property remotely using Google Earth and other photographs. This
is a service that I sometimes provide in land appraisals (usually small urban
lots) under the theory that land doesn’t change -- but sometimes it does. I search for evidence of fires or floods. In this case, the subject property abutted a
river that flooded in May 2022 due to an “ice floe jam”, a common type of flood
in northern latitudes, including the upper Mississippi River. The flood killed
fish due to the toxic contaminants in the water, including fuel oil, gasoline,
antifreeze and sewage, some of which got into local homes.
Value of off-grid living
The home was also advertised as offering “off-grid living”. The supposedly exciting advantage of off-grid living is not having to pay local public or private utilities (of which there are none in this region) . The disadvantage is having to maintain the utilities yourself or find maintenance in the wilderness.
The home has complete solar and wind power, although solar power can be greatly diminished during winter months at this 65-degree northern latitude, not far south of the Arctic Circle. It is difficult to find data on the value created by living off grid in Alaska. Living off grid may not really be cheaper. Transportation costs to the subject property are much higher, including the necessary cost of maintaining an air strip and clearing roads. There are potentially enormous savings on electric bills, but batteries will eventually need to be replaced, which costs thousands of dollars, similar to electric vehicles. While there are no water or sewer bills, pumps will sometimes need to be replaced, also at great expense. Trash removal will also be more difficult. At this latitude, power during the winter can be problematic. The homeowner can chop down trees for firewood on site, but this takes manpower and truck power. A homeowner may be better off just buying propane, but that must be transported in.
The airstrip might seem like a luxury to some readers, but at this latitude, it can be the only dependable transportation during the winter. Private air transportation is quite common in Alaska.
What finally killed the deal, though, was the expected marketing or “exposure time”. When comparable sales take 5 years to sell, private lenders ask me to discount the value to the time it would take to sell in 6 months. That results in a nasty discount.
Yes, I am a certified general appraiser in Alaska.