43 C.F.R. § 2201.3

Appraisals

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The Federal and non-Federal parties to an exchange shall comply with the appraisal standards set forth in §§ 2201.3-1 through 2201.3-4 of this part and, to the extent appropriate, with the Department of Justice “Uniform Appraisal Standards for Federal Land Acquisitions” when appraising the values of the Federal and non-Federal lands involved in an exchange.

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1987–2023 · leading case: Nat'l Parks & Conservation Ass'n v. Bureau of Land Mgmt., 606 F.3d 1058 (9th Cir. 2010).
Nat'l Parks & Conservation Ass'n v. Bureau of Land Mgmt., 606 F.3d 1058 (9th Cir. 2010). · cites it 7× “"Highest and best use means the most probable legal use of a property, based on market evidence as of the date of valuation, expressed in an appraiser's supported opinion." 43 C.F.R. § 2200.0-5 (k). The appraisal must also comply, to the extent appropriate, with the separate…”
Nat'l Parks & Conservation Ass'n v. Bureau of Land Mgmt., 586 F.3d 735 (9th Cir. 2009). · cites it 6× “43 C.F.R. § 2201.3 . Under the Uniform Appraisal Standards definition, highest and best use is "`[t]he highest and most profitable use for which the property is adaptable and needed or likely to be needed in the reasonably near future.”
Desert Citizens Against Pollution v. Bisson, 231 F.3d 1172 (9th Cir. 2000). · cites it 3× “” 43 C.F.R. § 2201.3 — 2(a)(1)—(2). 9 The report documenting the appraisal must set forth supporting information, including a description of “all relevant physical, legal and economic factors” bearing on the comparable sales used.”
Nat'l Coal Ass'n v. Hodel, 675 F. Supp. 1231 (D. Mont. 1987). “Discounted Cash Flow (DCF) methodology consists of cash flow simulation of the life cycle of mining operations and is one of three recognized valuation methods embodied in the Uniform Appraisal Standards for Federal Land Acquisitions, as incorporated in the FLPMA pursuant to 43…”
Desert Citizens Against Pollution v. Bisson, 954 F. Supp. 1430 (S.D. Cal. 1997). “43 C.F.R. § 2201.3 ^4. The reviewing appraiser is not required to independently verify any of the information or assumptions upon which the original appraisal was based, but the review appraiser has a duty to determine whether the appraisal report “reasonably estimates the…”
Nat'l Parks & Con v. Kaiser Eagle Mtn. (9th Cir. 2009). · cites it 2× “43 C.F.R. § 2201.3 . Under the Uniform Appraisal Standards definition, highest and best use is “ ‘[t]he highest and most profitable use for which the property is adaptable and needed or likely to be NATIONAL PARKS v.”
Colorado Wild Pub. Lands, Inc. v. Welch (D. Colo. 2021). “The valuation of parcels is subject to appraisal provisions set forth in 43 C.F.R. § 2201.3 , as discussed more fully herein.”
Shoshone-Bannock Tribes of the Fort Hall Reservation v. Hammond (D. Idaho 2023). “43 C.F.R. § 2201.3 . Under the UAS definition, highest and best use is “‘[t]he highest and most profitable use for which the property is adaptable and needed or likely to be needed in the reasonably near future.”
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