Laserfiche WebLink
SUMMARY OF THE BASIS FOR JUST COMPENSATION <br />The purpose of the appraisal study is to express an estimate of total just compensation <br />applicable to the proposed partial acquisition of the subject parent property. Just compensation <br />is based on a quantitative measure of market value. Market value is defined in The California <br />Code of Civil Procedure, § 1263.320, as: <br />"(A) The fair market value of the property taken is the highest price on the date of <br />valuation that would be agreed to by a seller, being willing to sell but under no <br />particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being <br />ready, willing, and able to buy but under no particular necessity for so doing, each <br />dealing with the other with full knowledge of all the uses and purposes for which the <br />property is reasonably adaptable and available. <br />(B) The fair market value of property taken, for which there is no relevant market is its <br />value on the date of valuation as determined by any method of valuation that is just <br />and equitable." <br />Additionally, Section 1263.330 provides that the fair market value shall not include an increase or <br />decrease in value attributable to the project for which the property is to be acquired. Accordingly, <br />the subject property has been appraised absent any influence of the proposed freeway interchange <br />improvement project. <br />There are three conventional methods (approaches) which can be utilized to estimate value. <br />They are the Sales Comparison Approach, Cost - Summation Approach, and Income <br />Capitalization Approach. The Sales Comparison Approach has been employed herein to <br />estimate the value of the subject underlying land parcel which will be utilized in the valuation <br />of the proposed take area as well as in the "after" condition analysis. The Sales Comparison <br />Approach and Income Capitalization Approach have been applied to the subject parent <br />property for the purpose of estimating the unencumbered fee simple market value as presently <br />improved with the fast -food restaurant facility. Certain elements of the Cost - Summation <br />Approach have been employed herein for the purpose of estimating the contributory value of <br />existing improvements impacted by the partial acquisition. <br />Value of Parent Property before Taldng: <br />Sales Comparison Approach: <br />The Sales Comparison Approach takes into account properties which have sold in the open <br />market. This approach, whether applied to vacant or improved property, is based on the Principle <br />of Substitution which states, "The maximum value of a property tends to be set by the cost of <br />acquiring an equally desirable substitute property, assuming no costly delay is encountered in <br />making the substitution. " Thus, the Sales Comparison Approach attempts to equate the subject <br />property with sale properties by analyzing and weighing the various elements of comparability. <br />75B -10 <br />