My father is an MAI appraiser and an expert witness in every jurisdiction in our state and I spent the first 6 years of my real estate career doing appraisal work with him, mostly condemnation appraisals for the DOT. He has made appraisals in condemnation proceedings for both the state as well as the property owner. To recommend NOT to use another MAI is like telling someone to NOT get a second medical opinion from a qualified doctor.
The most likely reason that the appraiser did not consider your building is because they are not buying your building and they were trying to establish a value for land. They should use market data to support their value. If the state is buying a strip of land from you, ( a "partial taking") they typically apply a "per square foot" value for the square footage they are acquiring. They also apply a value to any improvements in the strip being acquired (pavement, shrubbery, fencing, sidewalk, etc.) and add that value to the consideration.
They also consider a value "before" and "after" the "take", meaning that they evaluate whether or not their taking of the strip of land has damaged your property or not and to what extent. I have seen cases where it was actually determined that the "after" value was higher (enhanced). As with any eminent domain proceeding you have the right to contest the value and hire your own professional to establish a price. You don't have to accept their offer, you can take the matter to court. In most cases the condemning authority will escrow the amount of money that they have offered you pending the outcome of your court case.
By all means, make sure that you are being treated fairly. But also make sure that you use a qualified professional to help figure that out. MAI is the highest level of qualification that an appraiser can attain. These can be very tricky cases and you certainly don't want to bring a knife to a gun fight.
Aug 7, 2009