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California Law (Last Updated: March 4, 2014) |
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Public Resources Code - PRC |
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Division 5. PARKS AND MONUMENTS |
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Chapter 1.695. Public Review of State Agency Acquisition of Conservation Lands |
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ARTICLE 2. Conservation Lands Acquisition Procedures |
Section 5096.510.
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(a) (1) If more than one hundred fifty thousand dollars ($150,000) of state funds are proposed for expenditure or grant by an acquisition agency of conservation lands, the acquisition agency or the project partner shall contract for an independent appraisal of the land in compliance with this section.
(2) The project partner or landowner may contribute to the costs of the appraisal, be identified as an intended user of the appraisal, and be named as the coclient of the appraiser or firm preparing the appraisal. However, on and after January 1, 2015, a landowner shall not be named as a coclient of the appraiser or firm preparing the appraisal.
(b) The appraisal shall meet all of the following requirements:
(1) The appraisal shall meet all applicable requirements of this chapter and any other applicable state laws and policies, and shall conform to Uniform Standards of Professional Appraisal Practice.
(2) The appraisal shall not involve a fee based on a percentage of the property's appraised value or the allowed deduction.
(3) The appraisal shall not be prepared by an appraiser that has a financial interest in the property being appraised, including, but not limited to, being the seller or donor, a party to the seller's acquisition of the property, or employed by or related to any of the above.
(c) The acquisition agency or project partner that contracts for the appraisal shall select an appraiser that is qualified to appraise the specific property based upon verifiable education, experience, and knowledge of appropriate methodologies, techniques, and the real estate market relevant to the specific property. The following requirements shall also apply:
(1) If the project to be appraised is a conservation easement, the appraiser's education shall include advanced-level educational courses or certifications in the valuation of conservation easements.
(2) If the project to be appraised includes more than nominal value for specialty interests, the acquisition agency or project partner that contracts for the appraisal shall include provisions in the contract that effectuate the following, as applicable:
(A) The professional valuing the specialty interest shall comply with the requirements of paragraph (5) of subdivision (a) of Section 5096.517.
(B) The professional valuing the specialty interests shall be qualified to appraise the specific specialty interests based upon verifiable education, experience, and knowledge of appropriate methodologies, techniques, and the markets relevant to the specific specialty interests.