1. AASHTO 2005 Slide #1 New Uniform Act Rules: What’s Changed in Appraisal Practice? AASHTO/FHWA 2005 Right-of-Way and Utilities Subcommittee Conference Austin, Texas May 18, 2005

2. AASHTO 2005 Slide #2 Key Topics Appraisal waiver and waiver valuation Appraisal waiver and waiver valuation Appraisal and appraisal review Appraisal and appraisal review Uniform Act appraisal requirements vs. USPAP standards Uniform Act appraisal requirements vs. USPAP standards Qualifications Qualifications Responsibilities Responsibilities

3. May 18, 2005 AASHTO 2005 Slide #3 Appraisal Waiver Maximum increased to $10,000 Maximum increased to $10,000  Increased from $2,500  Option available for up to $25,000 Federal funding agency must approve Federal funding agency must approve Owner must be offered option for appraisal Owner must be offered option for appraisal Prepare a waiver valuation instead Prepare a waiver valuation instead

4. May 18, 2005 AASHTO 2005 Slide #4 § 24.2(a)(33) Waiver Valuation - New Definition …waiver valuation means the valuation process used and the product produced when the Agency determines that an appraisal is not required, pursuant to § 24.102(c)(2) appraisal waiver provisions.

5. May 18, 2005 AASHTO 2005 Slide #5 Waiver Valuation Prepared by knowledgeable person Prepared by knowledgeable person Not an appraisal Not an appraisal Review not required Review not required Owner accompaniment not required Owner accompaniment not required Agency responsible for Agency responsible for  Basis for preparing  Establishing just compensation amount

6. May 18, 2005 AASHTO 2005 Slide #6 Criteria for Appraisals Reference: § 24.103 and Appendix A Reference: § 24.103 and Appendix A Rule defines appraisal requirements for federal and federally assisted real property acquisition Rule defines appraisal requirements for federal and federally assisted real property acquisition USPAP and UASFLA are non-regulatory USPAP and UASFLA are non-regulatory Rule is consistent with USPAP Rule is consistent with USPAP

7. May 18, 2005 AASHTO 2005 Slide #7 Working to Clarify and Maintain Consistency Uniform Act (UA) appraisal requirements Uniform Act (UA) appraisal requirements USPAP standards USPAP standards

8. May 18, 2005 AASHTO 2005 Slide #8 USPAP Consistency 2006 USPAP (2 nd Exposure Draft, April 25, 2005) 2006 USPAP (2 nd Exposure Draft, April 25, 2005)  Focus on “Scope of Work”  Departure is gone  Will do away with classifying Standards Rules as either “binding” or “specific” requirements, substituting clearer “when necessary” language for “specific requirements”

9. May 18, 2005 AASHTO 2005 Slide #9 Agency Responsibility Acquiring Agency must assure that appraisals Acquiring Agency must assure that appraisals  Are relevant to its program needs  Reflect established and commonly accepted Federal and federally-assisted program appraisal practice  As a minimum, comply with both Definition of appraisal in §24.2(a)(3) Definition of appraisal in §24.2(a)(3) Five requirements in §24.103(a)(2) Five requirements in §24.103(a)(2)

10. May 18, 2005 AASHTO 2005 Slide #10 AppraisalAssignment References: § 24.103(a) and Appendix A References: § 24.103(a) and Appendix A Agency is to participate in Agency is to participate in  Defining the appraisal problem  Developing the scope of work Identify personal property Identify personal property

11. May 18, 2005 AASHTO 2005 Slide #11 Written statement Written statement Developed together by appraiser and Acquiring Agency Developed together by appraiser and Acquiring Agency Matches the UA and UA rule requirements to the appraisal problem Matches the UA and UA rule requirements to the appraisal problem References: § 24.103(a)(2) and § 24.103(b) References: § 24.103(a)(2) and § 24.103(b) Prepared before appraisal work starts Prepared before appraisal work starts May be updated as needed May be updated as needed Scope of Work

12. May 18, 2005 AASHTO 2005 Slide #12 References: § 24.103(d)(1), § 24.104 and Appendix A References: § 24.103(d)(1), § 24.104 and Appendix A Considerations/Factors Considerations/Factors  Competency  Experience  Education  Training  Certification/licensing  Professional designations Appraiser and Review Appraiser Qualifications

13. May 18, 2005 AASHTO 2005 Slide #13 Qualifications - Agency Responsibilities Set criteria for minimum qualifications Set criteria for minimum qualifications Assure qualifications match the scope of work Assure qualifications match the scope of work Contract (fee) appraisers must be state licensed/certified Contract (fee) appraisers must be state licensed/certified

14. May 18, 2005 AASHTO 2005 Slide #14 Appraisal Review References: § 24.104(a) to (c) and Appendix A References: § 24.104(a) to (c) and Appendix A Review appraiser responsibilities Review appraiser responsibilities  Examine analysis and presentation of data  Ensure satisfies all appraisal requirements  Determine that meets definition of appraisal in § 24.2 (a)(3)

15. May 18, 2005 AASHTO 2005 Slide #15 Recommend appraisal as basis for establishing the amount believed to be just compensation Recommend appraisal as basis for establishing the amount believed to be just compensation Accept appraisal as complying with all requirements Accept appraisal as complying with all requirements Not accept appraisal, including reasoning Not accept appraisal, including reasoning Review Appraiser Options

16. May 18, 2005 AASHTO 2005 Slide #16 Approve the appraisal as basis for establishing the amount believed to be just compensation Approve the appraisal as basis for establishing the amount believed to be just compensation If authorized, determine just compensation amount If authorized, determine just compensation amount Staff Review Appraiser Options

17. May 18, 2005 AASHTO 2005 Slide #17 Conflict of Interest References: § 24.102(n) and Appendix A References: § 24.102(n) and Appendix A Appraisers, review appraisers, waiver valuation preparers Appraisers, review appraisers, waiver valuation preparers  Shall not have any interest in the property  Shall not be subjected to influence or coercion regarding valuation  May be authorized to act as a negotiator where the acquisition is less than $10,000

18. May 18, 2005 AASHTO 2005 Slide #18 Supervision and Influence or Coercion Person functioning as negotiator cannot supervise or formally evaluate Person functioning as negotiator cannot supervise or formally evaluate  Appraisers  Review appraisers  Persons performing waiver valuations

19. May 18, 2005 AASHTO 2005 Slide #19 Supervision and Negotiating “Functioning as negotiator” “Functioning as negotiator”  Makes initial just compensation offer  Initiates price negotiations

20. May 18, 2005 AASHTO 2005 Slide #20 Uniform Act Final Rule Implementation Resources Video http://www.fhwa.dot.gov/realest ate/ua/urahudbc022405.htm Video http://www.fhwa.dot.gov/realest ate/ua/urahudbc022405.htm http://www.fhwa.dot.gov/realest ate/ua/urahudbc022405.htm http://www.fhwa.dot.gov/realest ate/ua/urahudbc022405.htm Information Guide http://www.fhwa.dot.gov/realest ate/ua/uraguide3805.pdf Information Guide http://www.fhwa.dot.gov/realest ate/ua/uraguide3805.pdf http://www.fhwa.dot.gov/realest ate/ua/uraguide3805.pdf http://www.fhwa.dot.gov/realest ate/ua/uraguide3805.pdf