Recent Court Decisions

摘要

When the eminent domain statute requires only that condemnors use "generally accepted appraisal practices," such appraisals need not satisfy the Uniform Standards of Professional Appraisal Practice (USPAP), according to the Missouri Court of Appeals.rnIn 2004, Kansas City began redeveloping a portion of the city's downtown and included property owned by Chung Ho Ru and Myong Suk Ru in the redevelopment area. The city offered the Rus $390,500 for the property and provided them with an appraisal in that amount made by a Missouri licensed appraiser. The Rus responded with a counteroffer of $2,000,000, which the city rejected. In furtherance of the redevelopment project, the city declared the area blighted and condemned the Rus' property in 2007.rnAt trial, the Rus disputed the blight findings and claimed that the city failed to negotiate in good faith before resorting to eminent domain, as required by statute. Under the applicable redevelopment statute, the condemnor is deemed to have satisfied its duty to negotiate in good faith if its offer "was no lower than the amount reflected in an appraisal performed by a state-licensed or state-certified appraiser?' The Rus argued that although their appraiser was state-licensed, the city did not comply with the statute because the appraisal did not meet six standards of USPAP. The trial court ruled in favor of the city and granted the condemnation order. The Rus appealed.