Retroactive Appraisal Expert Discusses Damage to Residential Property from Pollution Discharge

ByJoseph O'Neill

Updated on

Retroactive Appraisal Expert Discusses Damage to Residential Property from Pollution Discharge

Case Overview

This case involves damage to a private residential property arising from exposure to polluted water over the period of several years. The property in question was bisected by a large creek that, over a period of five years, had been carrying industrial pollutants dumped upstream through the plaintiff’s property. Due to the location of the creek and the nature of the pollutants that it carried through the plaintiff’s property, the area is now dangerous to human health and will remain so for decades. The plaintiff alleged that the deposition of pollutants has adversely affected the value of his property, and retained an appraisal expert to quantify the damage in monetary terms, and to review the validity of previous appraisals under USPAP standards.

Questions to the Real Estate expert and their responses

Q1

Are you capable of determining the appraisal values requested above and evaluating appraisals for USPAP compliance?

I am capable of determining the retrospective values at the outset of the pollution event and the property's current value. Given that I regularly prepare property appraisals, I would also be able to review the prior appraisals for USPAP compliance, assuming that I would have access to the former appraisers' work file.

Q2

Please explain why you're qualified to serve as an expert on this engagement.

The USPAP includes relevant opinions regarding the evaluation of properties with a Class VIII Environmental and Biomedical Condition, such as the property in this case. There are also a number of advisory opinions contained within USPAP that might provide some guidance here as well. Considering the environmental damage at play here, it may also require additional expertise in environmental testing and remediation to determine an accurate valuation.

About the expert

This expert is a Federal Housing Administration certified residential appraiser with over 15 years of experience in the real estate and appraisal industries. He has extensive experience appraising vacant land, small income properties, single family residences, and properties in excess of one million dollars in value.

Expert headshot

E-039830

Specialties:

About the author

Joseph O'Neill

Joseph O'Neill

Joe has extensive experience in online journalism and technical writing across a range of legal topics, including personal injury, meidcal malpractice, mass torts, consumer litigation, commercial litigation, and more. Joe spent close to six years working at Expert Institute, finishing up his role here as Director of Marketing. He has considerable knowledge across an array of legal topics pertaining to expert witnesses. Currently, Joe servces as Owner and Demand Generation Consultant at LightSail Consulting.

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