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« March 2009 | Main | May 2009 »
A special alert to the subscribers of the "AT HOME with Concrete" e-newsletter ... The Portland Cement Association (PCA), a founding member of the Concrete Home Building Council, will be holding an hour-long webinar on how concrete home building technologies can be used to meet National Green Building Standard requirements. The webinar will begin at 11:00 a.m. EDT on Thursday, May 14. The webinar, "Concrete Solutions for the National Green Building Standard," will feature a panel of PCA experts. Participants will learn about the sustainable impact of concrete products in home building, including how to:
To Register The webinar fee is $30. For more information or to register, click here. |
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1201 15th Street NW, Washington , DC, 20005-2800
Apartment Vacancy Rates Jump to Over 7% in 1Q 2009
Multi-Housing Starts Fall 42% Since February’s Slight Uptick
Condo Sales Drop in March, But Number of First Time Homebuyers Is Up, Says NARMay 5, 2009
The 38th Annual Crocker Symposium on Real Estate Law and Business
The economy is facing unprecedented challenges, and the environmental and financial regulatory systems intended to support it are going through equally profound changes. The impact on the real estate industry has been particularly acute. And, with new leadership in Washington, D.C. and myriad state and local jurisdictions, proposed legislation affecting the real estate industry is surfacing daily and a new real estate paradigm is evolving rapidly.
It is through the collective efforts of leaders from the business, legal, and public service communities that this new real estate paradigm will be built. The Benjamin S. Crocker Symposium 2009 will bring together our community’s real estate industry leaders, including attorneys, accountants, developers, bankers, academics, government representatives, and property owners, for an extraordinary day of networking, thought leadership, discussion, and analysis of the latest developments in the field to facilitate the efforts of those leaders as they shape the future of real estate in Southern California and beyond.
<CLICK HERE>
May 9, 2009
41st Annual Family Law Symposium
The 41st Annual Family Law Symposium will offer a comprehensive update on a wide variety of topics relevant to the practice of family law. These topics will include proof and presentation issues, fiduciary duties relative to confidentiality in mediation, disclosures as they are impacted by current technology, issues that involve both family law and probate, and an update on important new case law and legislative trends.
<CLICK HERE>
May 14, 2009
Annual Presentation on State and Local Tax Current Developments and Other Key Issues
This program features presentations by top governmental officials and leading practitioners in the Franchise, City, Sales, and Property Tax Fields. Marcy Jo Mandel, distinguished practitioner and long-time Chief Tax Deputy to the State Controller, will be presented with the 2009 Award for Excellence by a Government Official. Controller John Chiang will give a keynote speech on the state budget and the future goals of the Controller’s Office. FTB Executive Officer Selvi Stanislaus and SBE Chief Counsel Kristine Cazadd will discuss recent developments in the franchise, sales and property tax arenas at the State Board of Equalization and Franchise Tax Board, with Los Angeles Assistant Assessor Robert Quon's additional input on property tax from the local perspective.
<CLICK HERE>

We are online every Monday, 5:00-6:00pm-pst to discuss your real estate and appraisal issues.
http://webmessenger.yahoo.com/?im=harris_curtissbcglobalnet
Thanks!
Curtis D. Harris, BS, CGREA, REB
Bachelor of Science in Real Estate, CSULA
State Certified General Appraiser
Real Estate Broker
ASTM E-2018 Commercial Real Estate Inspector
HUD 203k Consultant
HUD/FHA Real Estate Appraiser/Reviewer
FannieMae REO Consultant
The Harris Company, Forensic Appraisers and Consultants
*PIRS/Harris Company and the Science of Real Estate-Partners*
5780 West Centinela Avenue, Bldg 1, Suite 408
Los Angeles, CA. 90045
310-337-1973 Office
310.251.3959 Cell
Bo to our WebSite: Commercial Appraiser and click on the "I'm online now" button
| COMMERCIAL ISSUES |
| Roundtable Survey Shows Hopeful Signs |
| Government funding through TALF and PPIP (Public-Private Investment Program) can strengthen the financial system and shed slight optimism within CRE. While there's still industry pain, 59% of Roundtable survey respondants expect better conditions within the year. Riding books of toxic assets and improving access to capital are what will eventually turn the tide. For more information¸ visit... http://www.realtor.org/narlservredirect.nsf/pages/NT0000127A?OpenDocument&WT.mc_id=LS042209&CAT=Comm |
| LEGAL ISSUES |
| Tenant's FHA Lawsuit Proceeds |
| Minnesota federal court allows action alleging race and familial status discrimination against landlord to continue. Please note: The following link is to a member-only area of the site. Read more... http://www.realtor.org/letterlw.nsf/pages/0409vaughn?OpenDocument&WT.mc_id=LS042209&CAT=Legal |
When : Always April 26th
It's Hug an Australian Day. Go ahead and give a big bear hug to any and all Australians today. Show an Australian how much you (errr...we) love them.
This is a great opportunity for you to do your part in improving international relations. And hugs benefit the receiver as well as the giver.
Go ahead. Give an Australian a hug today. It will do you both good!
S&P: Hotel CMBS Delinquencies to Increase
The delinquency rate for securitized loans backed by hotel properties may nearly quadruple to 8 percent by year end and continue increasing until 2011, according to Standard & Poor's. With hotel operating metrics on the downward slide, high-priced hotels will be the most vulnerable in the months ahead as increased competition forces them to make the steepest price cuts. Read Full Story
$100M Mixed-Use Project for Knoxville, TN
A $100 million mixed-use project is being planned for downtown Knoxville, Tenn. Tentative plans for the Marble Alley complex call for about 500,000 square feet of office, retail and residential space and a four-acre parking lot. Read Full Story
Trade Decline Impacts L.A. Industrial Sector
Shipping container traffic at the Port of Los Angeles was down 6.2 percent in March from a year ago to about 278,000 containers. That's the slowest March in seven years. And at the Port of Long Beach, container traffic was down 18.3 percent to 186,450. The result is that demand for warehouse space in the two markets has fallen sharply. Read Full Story
General Growth Files for Bankruptcy
General Growth Properties Inc. and affiliates that own 158 shopping centers have filed for Chapter 11 bankruptcy protection. The company said it would work with its debtholders and other "constituencies to emerge from bankruptcy as quickly as possible while executing a plan of reorganization that preserves the company's integrated, national business operations." Read Full Story
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Posted by Cochise on June 05, 2007 at 12:49:41:
Call for Boycott
This is a story of the Appraisal Institute and large banks working towards
complete control of appraisers and their data. We think it is a first step
toward the end of the unbiased 3rd party system appraisers provide in
the real estate marketplace. When the end user (banks-the people who
make commissions off mortgage loans) control the data it can be easily
manipulated. How many homeowners will be hurt. How long before the next
Savings & Loan bailout? How long will the states and Congress stand idle?
What homeowner gave Appraisers who supply the Appraisal
Institute's database permission to include their private data in
this AIRD?
Appraisers--when you inspected, did you let the homeowner
opt-out in accordance with common decency & the GLB Act?
Are homeowners aware that having their private data on the
internet could cost many an appearance in court because of
zoning conformance issues with local officials.
Appraisers everywhere are asking; "why is the once highly respected
Appraisal Institute in collusion with banks, and creating an AVM?"
See why we hate
Automated Valuation Modules (AVM)
& the Appraisal Institute's AIRD here;
3 July 01 Inman News Article about the Boycott
Read related Message Thread
Boycott against following companies + appraisers:
Washington Mutual, Inc. (WAMU)
Stock Symbol: WM
nation's largest S&L --1980's? Hmmm!
WAMU biggest mortgage originator and servicer in the nation
- WAMU & Fleet named in Staten Island predatory lending
WAMU completed deals for PNC Financial's mortgage operations Jan. 31, for Bank United on Feb. 9 and for Fleet Mortgage on June 1, 2001.
It has a pending deal to buy Dime Bancorp. Assets of $229.3 billion
on 6/30/01.
(WAMU now using FNC, Inc. & Day One Software)
WAMU's Chief Appraiser on AIRD Board
ex-WAMU employee gives inside look at WAMU
Charter One Bank, FSB.
(its Chief Appraiser on AIRD Board)
- Washington Mutual, Inc.
- Charter One Bank, FSB
Appraisal Institute
Appraisal.com
Day One Software
ACI/Polaroid Software
WCA, Inc. (Real Easy Appraisal Office)
FNC, Inc.
Integrated Loan Services
E-ppraisal software
ValueNet (Northbrook, IL)
also against Appraisers:
Reg W. Cordry, MAI, Kansas City, Missouri (AIRD Board)
Danny K. Wiley, SRA, Nashville, TN (AIRD Board)
Reasons:
Appraisal.com & Day One, for their published involvement with the Appraisal Institute's plans to sell analyzed appraiser data to the public, including lenders. And also, Appraisal.com's plans to sell AVM data to the public. See Inman News release dated May 29, 2000 titled “Appraisals for the masses”. In this, it was stated; “ The site (appraisal.com) offers products such as property detail reports for $4.95, automated property appraisals for $49.95."
"As the first forms publisher to release Appraisal Institute Ready software, Day One is helping to provide a standard mechanism to store and communicate appraisal data nationwide," said Ann Spitzley, president of AIRD Inc.
ACI/Polaroid Software. Has built into their software the AIRD capability.
7/11/01 ACI/Polaroid News - "Polaroid mulling bankruptcy filing, report says"
Written at the AIRD web site at www.airdport.com is:
AIRD is a for-profit joint venture between the Appraisal Institute and FNC, Inc. The firm will offer the first Internet accessible, national database of residential physical property data created from professional real estate appraisal reports.
AIRD is accurate and reliable, as the core of the data within the
database is supplied by licensed/certified real estate appraisers.
AIRD 2.0 Out of the Gates: New Search Feature Hands Appraisers Speed and Accuracy on National Scale
Oxford, Miss. (April 10, 2001) - The Appraisal Institute Residential Database board of directors announced today that AIRD version 2.0 is operating with a new look and a new search interface for use by licensed or certified real estate appraisers seeking comparables. The new search feature is AIRD’s first commercially available product, following the launch of the database in June.
Billed as “America’s Real Data,” the AIRD now holds more than 13 million records and is populated with the most accurate residential property information available – factual, non-confidential residential property data, the core of which appraisers collected and documented.
“AIRD will revolutionize the way appraisers handle their day-to-day workload,” said Sherryl Andrus, SRA and owner of Quality Appraisal & Data Service in Plymouth, Wis. “Not only is AIRD access to quality comparables data, but it allows appraisers to auto-populate forms or to switch from form to form without re-keying. At the bottom line, AIRD saves appraisers time -- and time is money. AIRD gives appraisers an opportunity to equip their businesses with technology that’s powering today’s market.”
The long-term growth of AIRD depends on contributions from appraisers and institutions, as well as other sources.
AIRD is a non-proprietary database built on appraiser and other data that contains accurate, non-confidential physical real estate property data for the entire United States. The XML technology on which AIRD is structured creates efficiencies for appraisers and their clients by auto-populating the forms they use and contributes to more efficient communication. For more information about AIRD, visit www.airdport.com.
July 23, 2001
E-Appraisal provides data to AIRD network
AIRD Inc. announced today that E-ppraisal, a company specializing in automated real estate valuation software for appraisers, has enhanced its E-ppraisal Valuation Technology to provide appraisal data that conforms to the Appraisal Institute Ready Standard.
The standard, developed by the Appraisal Institute's Residential Data Storage Standards Committee, establishes a data communication protocol that allows appraisers to deliver completed reports securely to their clients via the Web without re-keying.
The standard was created to assure industry-wide access to the AIRD and is open to all appraisal software vendors.
AIRD is an Internet-accessible national database of residential physical property data submitted by appraisers. The effort is a joint venture between the Appraisal Institute and FNC Inc., a financial services software company.
Integrated Loan Services (ILS): Rocky Hill, CT; White Plains, NY; Quincy, MA; Melbourne, FL; Scarborough, ME; Pasadena, CA
ILS’s Automated Collateral Assessment (ACA) report with “ACA VALUEGUARDSM ” coverage provides home equity lenders with rapid delivery of low-cost, high quality AVM valuations for extended risk management guidelines at a fraction of the cost of traditional real estate appraisals. The ACA offers a concise one-page summary of a property’s current value, complete with five recent comparable sales, neighborhood value data, homeowner verification, property descr1ption and sales information. The report includes a confidence factor indicating the degree of confidence ILS places on the value estimate.
New software vendor signs up for Appraisal Institute Ready program
WCA, Inc.'s RealEasy Appraisal Office Suite is the newest appraisal forms software vendor participating in the Appraisal Institute Ready program. The program gives forms vendors the extensible markup language (XML) protocols that enable them to adhere to the Appraisal Institute Data Storage and Transmission Standard. The Standard allows the forms software to communicate with AIRD and other Appraisal Institute Ready software packages without re-keying.
WCA president Phil Wilson says of the program: "We're ready to move full steam ahead on developing our compatibility with AIRD and others taking this initiative. The seamless communication this standard makes possible is a real benefit to appraisers; it will make for more efficient workflow and faster turnaround times on appraisal reports."
Day One's NOVA 5.0 is now Appraisal Institute Ready, while Polaroid Digital Solutions, Software for Real Estate Professionals, United Systems, Bradford Technologies and WCA, Inc. are completing the programming that is required to make their software Appraisal Institute Ready.
June 20, 2001
Below is WCA, Inc.'s reply to being informed they have been added to the
AIRD Boycott List:
Seeing as how you didn't have the courtesy to make us aware of your concerns I think we can put this in the category of being "blind sided". Our Mark's comment to "stuff it" is appropriate. Phil (last name removed) Janice: Call Jennifer or Ann Spitzley this morning and tell them okay on the press release
---------------------------------------------------------------------------
Appraiser Central's 20 June 2001 reply to above WCA email:
Phil: I'm sorry if you felt blind sided. The Boycott of those companies selling us out by handing our analyzed appraisal data to bank computers (via the AIRD) has been going on for 2 months now. As many appraisers have linked their sites to the boycott -- and it has been talked about on all appraiser message boards for 2 months now--I just thought you were aware that a large majority of appraisers think this AIRD thing is a sellout. Sincerely, Steve (last name removed) Appraiser Central http://AppraiserCentral.com
For Immediate Release
Software For Real Estate Professionals Is Appraisal Institute Ready™
Oxford, MS (July 7, 2000) – Software for Real Estate Professionals (SFREP) has announced its adoption of the Open Appraisal Document Interface (OADI), developed by FNC Inc., to allow companies to easily conform to the Appraisal Institute’s Residential Data Storage and Transmission Standard. SFREP will be designated Appraisal Institute Ready™ at the Valuation 2000 conference next week.
SFREP is committed to providing complete real estate software solutions to appraisers and lending institutions, according to Chief Executive Officer Wayne Pugh. “ The platform FNC developed for the Appraisal Institute will give our customers a way of collecting and storing data that allows it to be accessible to AIRD without rekeying,” Pugh said. SFREP’s Appraisal Institute Ready product is expected to be on the market in August, 2000.
Based on the extensible markup language (XML), the new appraisal data standard provides a two-way open communication protocol that can be used by appraisal software companies to communicate real property data using XML data definitions. The XML standard was developed by the Appraisal Institute Data Storage Standards Committee, in accordance with its responsibilities to the Appraisal Institute’s Residential Database, Inc. (AIRD) ™.
Under a program announced by Appraisal Institute, software conforming to the new open standard will be designated as “Appraisal Institute Ready™” said Ann Spitzley, president of AIRD, Inc. AIRD is a for-profit joint venture between the Appraisal Institute and FNC Inc. and will be the first Internet accessible, national database of residential physical property data created from professional real estate appraisal reports.
“All forms packages that are Appraisal Institute Ready can write and read the AIRD data,” Spitzley said, “ allowing auto-population of forms and eliminating the need for rekeying.”
A privately held company, SFREP was founded in 1983. It later incorporated in Louisiana in 1986. SFREP is now held equally by Wayne Pugh, one of the founders, and John Kevlin. For more information, visit www.sfrep.com
FNC, based in Oxford, Miss., automates the delivery of collateral valuation services. By building internal networks integrated with the Web, FNC gives lenders instant and secure Web access to third-party vendors, analytical tools and data providers that cut days and dollars out of the loan origination process. FNC serves residential and commercial lenders and services.
***
Carol Dorsey FNC, Inc. Phone: (662) 236-2020 x235 e-mail: carol@fncinc.com
As an example of how quick taxpayers will soon face another S & L bailout
due to the slackening of bank regulations, see ValueNet below to see what
is happening right now due to Congress, Fannie Mae & Freddie Mac.sleeping
on the job --- and allowing home valuations (appraisals) sight unseen:
Click Here to see a new entry ValueNet of Northbrook, Illinois
This company is actively seeking appraisers to do their 2-3 appraisals
(reports) per hour - right out of the appraiser's own home.
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Home Page >> Law Suits Filed >> Wells Fargo, Rels Valuation
Posted on Apr-15-09 |
This issue of the FDIC Quarterly also includes fourth quarter industry results from the Quarterly Banking Profile, which was released on February 26, 2009, and subsequently revised on March 20, 2009.
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Roland,
We have some very serious problems in the Appraisal Field which are, and have been, negatively impacting property appraisals in this country for several years. Firstly, I was contacted by a VA Appraiser, with 30 years experience, who indicated that he has been pressured to low-ball va appraisals. He was sanctioned by the VA and forced to take training from an unlicensed supervisor at the VA. I attended the training session and was blown away. The appraiser was instructed to violate USPAP, the Federal Guidelines for Appraisers, and other guidelines, because his only interest was to get Vets homes. The appraiser himself is a vet, but is unwilling to compromise his ethics. The trainer stated that he was not licensed because he himself would have to follow USPAP. This practice has resulted in a million dollar plus loss or give away of Tax Payer Owned Properties.
Secondly, coming May 1, 2009 the industry is scheduled to be taken over by AMC”s (Appraiser Management Companies) they are the same companies that ran Bank of America, Indymac Bank, Country Wide, and Washington Mutual to the ground. I have received hundreds of request from license qualified appraisers, that someone do something about this travesty. To date nothing has happened.
A brief statement on how AMC’s operate. They are unlicenced, appraisers have fought for licencing for years. They charge their clients $400.00 and pay their appraiser $300.00. The end result is that the client (and consumers) are being charged an improper value added charge. They prey-on and exploit appraiser with limited or no qualifications, qualified appraisers, such as myself, will not work for these low fees. There is much more, and I will make myself available to you, at your convenience, to discuss this serious issue in detail.
Thanks!
Curtis D. Harris, BS, CGREA, REB
Bachelor of Science in Real Estate, CSULA
State Certified General Appraiser
Real Estate Broker
ASTM E-2018 Commercial Real Estate Inspector
HUD 203k Consultant
HUD/FHA Real Estate Appraiser/Reviewer
FannieMae REO Consultant

The Harris Company, Forensic Appraisers and Consultants
*PIRS/Harris Company and the Science of Real Estate-Partners*
5780 West Centinela Avenue, Bldg 1, Suite 408
Los Angeles, CA. 90045
310-337-1973 Office
310.251.3959 Cell
WebSite:
http://www.harriscompanyrec.com
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IT’S THE LAW-Designation Discrimination is Illegal [FIRREA, Sec. 564.6]: Professional Association Membership http://www.orea.ca.gov/html/fed_regs.shtml#Statement7 Membership in an appraisal organization: A State Certified General Appraiser may not be excluded from consideration for an assignment for a federally related transaction by virtue of membership or lack of membership in any particular appraisal organization, including the appraisal institute.
CONFIDENTIALITY/PRIVILEGE NOTICE: This transmission and any attachments are intended solely for the addressee. The information contained in this transmission is confidential in nature and protected from further use or disclosure under U.S. Pub. L. 106-102, 113 U.S. Stat. 1338 (1999), and may be subject to consultant/appraiser-client or other legal privilege. Your use or disclosure of this information for any purpose other than that intended by its transmittal is strictly prohibited and may subject you to fines and/or penalties under federal and state law. If you are not the intended recipient of this transmission, please destroy all copies received and confirm destruction to the sender via return transmittal

United States Announces Largest Settlement Under Environmental Protection Agency’s Audit Policy
WASHINGTON— Invista will pay a $1.7 million civil penalty and spend up to an estimated $500 million to correct self-reported environmental violations discovered at facilities in seven states, the Justice Department and U.S. Environmental Protection Agency (EPA) announced today. The company disclosed more than 680 violations of water, air, hazardous waste, emergency planning and preparedness, and pesticide regulations to EPA after auditing 12 facilities it acquired from DuPont in 2004.
“This settlement is a significant achievement, as it will reduce air pollution in numerous communities, and demonstrates the United States’ commitment to ensuring that all facility owners come into compliance with environmental requirements,” said John C. Cruden, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “This settlement reflects an effective use of EPA’s audit policy and the value of companies performing audits and working with the United States to correct violations found at their facilities.”
“By correcting these violations, Invista will reduce harmful air pollution by nearly 10,000 tons per year,” said Catherine R. McCabe, acting assistant administrator of EPA's Office of Enforcement and Compliance Assurance. “Invista is making a clean start in a settlement that achieves significant environmental benefits, and we encourage other new owners to do the same.”
The settlement resolves violations disclosed under Invista’s corporate audit agreement with EPA. Invista conducted 45 separate audits of environmental practices and compliance at facilities located in Seaford, Del.; Athens, Calhoun, and Dalton, Ga.; Kinston, N.C.; Camden, S.C.; Chattanooga, Tenn.; LaPorte, Orange, and Victoria, Texas; and Martinsville and Waynesboro, Va.
As part of its corrective action requirements agreed to in the settlement, Invista will install pollution control equipment to treat air pollutants at its Seaford, Del.; Camden, S.C.; Chattanooga, Tenn.; and Victoria, Texas facilities. The company has also applied for applicable air and water permits, has installed adequate secondary containment for oil storage areas, and has notified state and local emergency planning and response organizations of the presence of hazardous substances.
To ensure continued compliance and minimization of the benzene wastes generated at the Victoria and Orange, Texas facilities, Invista is required under the settlement to either upgrade control equipment or make major changes to its processes used to handle these wastes. EPA estimates that these actions will reduce air emissions of benzene by more than nine tons annually and eliminate 25 to 750 tons per year of benzene from wastewater.
The emission reductions resulting from correcting these violations will result in estimated annual human health benefits valued at over $325 million, including 30 fewer premature deaths per year, 2,000 fewer days/year when people would miss school or work, and over 9,000 fewer cases of upper and lower respiratory symptoms.
Invista is a multi-national manufacturer of a wide range of polymer-based fibers, including Lycra, Stainmaster, and Coolmax.
This is the largest settlement under EPA’s audit policy, which was launched in 1995. The policy provides incentives to companies that voluntarily discover, promptly disclose, and expeditiously correct environmental violations. The companies must also take steps to prevent future violations. EPA may reduce or waive penalties for certain violations if the facility meets the conditions of the policy. Consistent with the audit policy, EPA waived a large portion of the penalty in this case.
EPA’s experience with Invista guided the development of a national interim audit policy for new owners—announced in August 2008—designed to encourage other new owners to make a “clean start” at their recently acquired facilities.
The states of Delaware, South Carolina and the Chattanooga-Hamilton County Air Pollution Control Board in Tennessee have also joined in today’s consent decree and will share portions of the civil penalty with EPA.
The consent decree, lodged in the U.S. District Court for the District of Delaware, is subject to a 30-day public comment period and approval by the federal court. A copy of the consent decree is available on the Justice Department Web site at http://www.usdoj.gov/enrd/Consent_Decrees.html.
###
09-339
For decades, courts and legal commentators alike have struggled with the proper liability standard in inverse condemnation cases arising from flood damage. Some have touted traditional strict inverse-condemnation liability, believing that strict liability is the only way to ensure that the costs of government conduct are spread among the public as a whole, avoiding one person's bearing a disproportionate burden. Others view strict liability as arcane and inappropriate in the flood control context, as it effectively renders the government as an absolute insurer against flood damage.
Earlier this week, in Hauselt v. County of Butte (2009 DJDAR 4359) __ Cal.App.4th __, the Court of Appeal confronted a claim by a property owner that the County's modifications to a drainage channel subjected the owner's property to increased flooding. The Court sided with the "reasonableness" camp, holding that the County was not liable unless it acted unreasonably. Because the owner failed to demonstrate that the County's conduct was unreasonable, the Court upheld the judgment -- finding no inverse condemnation liability.
Some Background:
Typically, we think of inverse condemnation as a classic strict liability cause of action. If the government takes or damages private property, it is liable, without regard for the government's intent -- or the wisdom of its conduct. The underpinning of this is the belief that no private citizen should be compelled to bear a disproportionate burden of the costs of government conduct meant to benefit the public at large. By imposing strict liability, the costs of government activity are spread among the public as a whole.
In the flood control context, however, a line of cases has evolved that changes traditional strict-liability rules. Those cases hold that the government is liable in inverse condemnation only if its conduct that results in flooding is unreasonable. (See, e.g., Belair v. Riverside County Flood Control Dist. (1988) 47 Cal.3d 550, Locklin v. City of Lafayette (1994) 7 Cal.4th 327.) The rationale is that public policy warrants encouraging the government to undertake flood control projects, and that strict liability whenever flooding nonetheless occurs renders the government effectively an insurer against floods whenever it constructs a flood control project. The potential chilling effect on flood control projects under such a rule warrants a different approach.
Cases in this area tend to turn on two inquiries:
(1) Was the damage caused by intentional government conduct (such as intentionally using one property as a retention basin in order to protect other property from flooding) or by accident (such as a flood occurring despite a flood control project, either because the project does not perform as intended or because the storm event exceeds the design capacity of the project); and
(2) Was the flooded property subject to historical flooding before the government built the flood control project at issue.
Two things became clear. Where the damage was caused by accident and the property was historically subject to flooding, the government is only liable if it acts unreasonably. (See, e.g., Locklin.) Conversely, where the government intentionally diverts floodwaters to a property that was not subject to historical flooding, traditional strict liability principles apply. (See, e.g., Akins v. State of California (1998) 61 Cal.App.4th 1.) Existing law left some answers less clear, including deciding what rule applies where intentional government conduct increases the flow of water onto property already subject to historical flooding.
The Hauselt Case:
In Hauselt v. County of Butte, a property owner purchased a 94-acre almond orchard that he intended to develop with a residential subdivision. Keefer Slough, a privately-owned natural watercourse, crossed the property and occasionally received floodwater overflow through a natural drainage. The owner's property had a history of periodic shallow flooding two to three times a decade. The owner contended, however, that the County's actions resulted in an increase in the water flow onto the property.
According to the owner, the County's activities included (1) implementing a drainage plan which made Keefer Slough part of the public drainage system; (2) approving adjacent residential subdivisions which drained into Keefer Slough; (3) removing a bridge which previously acted as a "plug" on the flow of water down Keefer Slough; and (4) sponsoring a project to restore the sediment bed of an upstream watercourse, which increased the flow into Keefer Slough. The owner claimed these activities increased the flooding on his property and resulted in a taking of his property for a public use.
The trial court found that the County's activities were not unreasonable, and would not, therefore, give rise to inverse condemnation liability. The trial court also concluded that Keefer Slough is a private watercourse and the County's activities did not transform the slough into a public work or increase the flow of water in the slough on the owner's land.
On appeal, the property owner alleged that the trial court should have applied the strict liability standard instead of a rule of "reasonableness" standard. The Court of Appeal explained the two standards:
(1) The "reasonableness" rule: "the public agency is liable if its conduct poses an unreasonable risk of harm to the plaintiff, the unreasonable conduct is a substantial cause of the damage to the plaintiff's property, and the plaintiff has taken reasonable measures to protect his property."
(2) The strict liability standard: a public agency is strictly liable where it appropriates private property in order to protect other property and thereby creates a risk that would not otherwise exist.
Looking at the two-pronged inquiry (intentional vs. accidental and whether the property was historically subject to flooding), the Hauselt Court concluded that the key inquiry was whether the property was historically subject to flooding. Because the facts in Hauselt revealed that the property had been subject to "shallow flooding" even before the County's conduct, the reasonableness rule from Locklin and its progeny applied. Though the decision is not a model of clarity on this point, it appears that the Court found this to be true without regard for whether the County's conduct arose (1) from an intentional decision to use Mr. Hauselt's property as a flood control basin to facilitate the surrounding property's development, or (2) through conduct that had the unintended consequence of increasing flooding to Mr. Hauselt's property.
The Impact:
While the case does not confront the issue head on, the potential impact of the Hauselt opinion is that the government can intentionally turn one private property into a retention basin used to divert flood waters from other private property without liability, as long as (1) the government's conduct is reasonable, and (2) the property chosen for the retention basin was subject to historical flooding. And, where the government can show that using a single property as a retention basin protects thousands of acres of other property, establishing reasonableness of the conduct may be a relatively simple task.
Whether a court will actually apply Hauselt in that manner when confronted with such facts remains to be seen (public policy would seem to warrant a different result). For now, however, the commentators who have predicted the increasing use of a reasonableness test in flood damage cases have at least one new sandbag for their levee.
Rick E. Rayl is a Partner in Nossaman's Eminent Domain and Valuation and Real Estate Practice Groups and is an experienced trial attorney dealing with eminent domain, inverse condemnation and other real estate and business disputes. He can be reached at rrayl@nossaman.com or 949.833.7800.
Brad Kuhn is a member of Nossaman's Eminent Domain and Valuation Practice Group and specializes in business and commercial litigation with an emphasis on eminent domain, inverse condemnation and other real estate disputes. He can be reached at bkuhn@nossaman.com.
California Appellate Districts, March 24, 2009
California Native Plant Soc'y v. City of Rancho Cordova , No. C057018
In an environmental action involving a residential and commercial development, trial court's judgment is reversed where: 1) the court did not err in determining defendant violated the Planning and Zoning Law when it approved the development project as defendant did not design mitigation for impacts of the project on special-status species as required; and 2) the trial court erred in finding defendant violated CEQA in its certification of the project environmental impact report and in the approval of the project as plaintiff failed to establish any such violation on which administrative remedies were exhausted. Read more...
AIR Cites Comps Data Improvements
Member Benefit
Responding to directives from its Board of Directors and listening to the positive feedback from its membership, the AIR management reports notable improvements in the quality of its Comp Data. |
| “Twelve months ago, AIR implemented an aggressive plan for gathering lease and sale Comp Data for all listings that pass through our systems. We are currently receiving Comp information for approximately 65 percent of all properties that are leased or sold. Although this performance is significantly improved over where we were a year ago, we are not where we need to be. Our goal is to have 90 percent of all done-deal information in our data base. In order to achieve that goal we need the ongoing cooperation of every broker and agent in every member firm,” Tim Hayes, executive director of AIR, said. He cited the efforts of MULTIPLE Manager Margo Castaneda for the improvements. |
Hayes stated that as part of AIR’s effort to strengthen the Comp Database, each time a listing is removed from the system as sold or leased, the listing brokers receive an e-mail from the AIR asking for every basic comp information. |
He explained that for a lease, that information includes: transaction completion date, starting lease rate, length of the initial term, rental adjustments, free rent, where the tenant came from, and the procuring broker’s name. |
For a sale transaction that information includes: date escrow closed, sale price, seller’s name, buyer’s name, and the procuring broker’s name. |
“AIR members benefit significantly if the Association can deliver a comprehensive Comp Database. The only way we are going to do that is if our members contribute a few key pieces of Comp information each time they complete a transaction. So we need, and would be grateful, to receive the cooperation of all brokers in responding to our e-mails as quickly as possible. If we can continue to improve the quality, the AIR will deliver an excellent Comp Product with the potential to put our member firms in a position to reduce overhead by not having to purchase Comp information from sources outside the AIR. |
“By sharing the information and creating a comprehensive Comp Data base that is owned and controlled by AIR members, every member enjoys better data at their fingertips, giving them the ability to better serve their clients. It is this spirit of cooperation among AIR members that has made the AIR the greatest “broker only” organization in the country. It is this same philosophy that has made our listing database so valuable,” Hayes said. |
http://www.orea.ca.gov/html/fed_regs.shtml#Statement7
Statement 7: Prohibition Against Discrimination
commercial appraiser, appraisal
State agencies should be aware that Title XI and the Agencies' regulations prohibit federally regulated financial institutions from excluding appraisers from consideration for an assignment solely by virtue of their membership, or lack of membership, in any appraisal organization. Federally regulated financial institutions should review the qualifications of appraisers to ensure that they are qualified for the assignment for which they are being considered. It is unacceptable to assume that an appraiser is qualified solely due to membership in, or designation from, an appraisal organization, or the lack thereof. The Agencies have determined that financial institutions' appraisal policies should not favor appraisers from one or more organizations or exclude individuals based on their lack of such membership. If a State agency learns that a certified or licensed appraiser allegedly has been a victim of such discrimination, the State agency should inform the Agency which has regulatory authority over the involved financial institution.
The ASC has determined that such discrimination also is inappropriate in the establishment and administration of a State's certification and licensing system. The ASC urges States to adopt legislation, regulations or other procedures to prohibit such discriminatory practices.
In addition, State agencies should avoid discriminatory practices regarding appraiser educational course providers. Some State agencies inappropriately: (1) have charged a course review fee to private course providers while not charging such a fee to certain professional appraiser organizations; (2) have delayed approval of private school appraisal courses while rapidly approving those of professional appraiser organizations; and (3) have forced non-affiliated proprietary schools to maintain and use fixed school room locations, while certain professional appraisal organizations have been allowed to teach courses at non-fixed commercial sites, such as hotels, motels and office locations. State agencies should review their internal procedures and take steps to ensure that all educational providers are afforded equal treatment in all respects, including course review fees, timeliness of review and course location requirements.
commercial appraiser, appraisal
Event Details
Los Angeles Times Festival of Books
The UCLA Campus
Visit the UCLA Extension booth at this iconic L.A. event!
Start: 4/25/2009 10:00:00 AM
End: 4/26/2009 6:00:00 PM
The UCLA Campus
California Tax Credit Allocation Committee
A message from the National Council of State Housing Agencies (NCSHA):
The National Council of State Housing Agencies, an organization representing all of the nation’s agencies that allocate the Low Income Housing Tax Credit, is holding its annual Housing Credit Conference & Marketplace in Los Angeles this year. With the industry's premier conference, and the foremost training, idea-sharing, and networking opportunity for Housing Credit practitioners practically in your back yard, how can you afford to miss it?
Drawing well over 1,000 attendees, the conference uniquely brings state Housing Credit allocators, developers, investors, syndicators, property managers, attorneys, accountants, consultants, and compliance experts under one roof for intensive training, panel discussions, and roundtables covering every facet of Housing Credit transactions. Deal-making and networking opportunities are endless!
Stand out even more by partnering with NCSHA as a conference sponsor or by having an exhibit in the Marketplace. Register for the conference or learn more about partnership opportunities. Contact Blaire Cirlin at bcirlin@ncsha.org or 202-624-7710 with any questions.
For more information, visit: http://www.ncsha.org/conference.cfm/2881
The Harris Company REA/C can HELP YOU FILL AND FILE these forms 310.337.1973.
Real Estate Forms
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