In Florida property owners have the right to hire an attorney and appraiser if named in a condemnation taking. Florida Statue 73.015 states that condemning authority must attempt to negotiate in good faith with the fee owner of the parcel to be acquired, must provide the fee owner with a written offer and, if requested, a copy of the appraisal upon which the offer is based, and must attempt to reach an agreement regarding the amount of compensation to be paid for the parcel. Florida Statue 73.091 states costs of the proceedings for attorney’s fees as well as all reasonable costs incurred in the defense of the proceedings in the circuit court, including, but not limited to, reasonable appraisal fees and, when business damages are compensable, a reasonable accountant’s fee, to be assessed by that court.
Curtis Phillips is the firm's lead expert for condemnation. He has over 20 yrs experience and has completed over 300 condemnations assignments. He also has competency in diminution of value assignments in title disputes.
The firm’s principals have testified in State and Federal court. We have experience in single parcel to large multi-parcel complex valuation assignments. We are familiar with various court cases that can assist in completion of appraisals. These include the DOT vs. Heathrow Land & Development, which held how billboards should be valued; the DOT vs. Capital Plaza case supporting no severance damages due to change in traffic flow; Patel vs. Broward County related to parking and variances and, of course, the DOT vs. Gloria Byrd case.
Litigation appraisals are required for condemnation, inverse condemnation, divorce, estate disputes, deficiency judgments, bankruptcy, foreclosure, title defects, tax appeals and construction defects. We have experience handling all of the above appraisal matters and have existing experts within various fields such as; engineering, land planning, citrus, traffic, business, billboards and costs estimating (general contractors). We can provide litigation appraisals or can serve as a expert witness consultant. As a consultant we can provide analysis of existing appraisal experts on either side and assist in discovery questions.
Our appraisal reports meet the requirements of Uniform Standards of Professional Appraisal Practice, the courts and various agencies. We provide unbiased professional appraisals that attorneys, property owners, accounts, lenders or government agencies can rely on when needed for real property value disputes. We also can provide expert witness consultation services which include evaluation of appraisal expert’s reports for direct or cross examination.
The firm has extensive experience working with Federal, State and private property owners. Cases have involved utility plant condemnation, gas pipeline valuation, state and federal condemnation, environmental takings, tax appeals, divorces, foreclosure proceedings, deficiency judgments and title defects. We have prior working relationships with Florida Gas Transmission, Department of Environmental Protection, and Department of Transportation for the State of Florida District 1, 4, 5, 6 and Turnpike, Brevard County, Indian River County, St. Lucie County, Martin County, Palm Beach County and Broward County. Several of these projects required specialized studies to assess damages. We have also represented numerous individual property owners.
Feasibility & Market Studies
Market Analysis is essential in real estate. We use a six step process for market analysis that includes analysis of property productivity, market delineation, demand analysis, supply analysis, comparison of supply and demand and development of the subject capture estimate. In our market studies we will provide a detail of the property and how competitive properties compare to it. This studies are widely used by developers prior to product placement. We have also provided market rent studies for all four property types, office, retail, industrial and apartments.
We also provide specialized studies such as loss of parking impacts, high transmission lines and noise. These studies are used within litigation assignments.
Due to the recent hurricanes, insurable valuations are often required for both hazard insurance as well as flood insurance. Whether you have a commercial property, condominium project, or you in charge of a homeowner’s association, Callaway and Price, Inc. can get the job done in a timely manner.
The Dictionary of Real Estate Appraisal, Fourth Edition 2002, by the Appraisal Institute, defines Insurable Value on page 147 as follows:
- The value of an asset or asset group that is covered by an insurance policy; can be estimated by deducting costs of noninsurable items (e.g., land value) from market value.
- Value used by insurance companies as the basis for insurance. Often considered to be replacement or reproduction cost plus allowances for debris removal or demolition less deterioration and noninsurable items. Sometimes cash value or market value, but often entirely a cost concept. (Marshall & Swift LP)
South Florida Office
1410 Park Lane South, Suite 1
Main / Billing Office
Jupiter, FL 33458
P: (561) 686-0333
F: (561) 686-3705
Michael R. Slade, MAI, SRA, CRE
Stephen D. Shaw, MAI
Robert A. Callaway, MRICS
Treasure Coast Office1803 South 25th Street, Suite 1
Fort Pierce, FL 34947
P: (772) 464-8607
F: (772) 461-0809
Stephen G. Neill, MAI
Space Coast Office1120 Palmetto Avenue, Suite 1
Melbourne, FL 32901
P: (321) 726-0970
Curtis L. Phillips, MAI