What is reasonable access? What is reasonable access? When and how do we go When and how do we go

about measuring severance about measuring severance damages due to a change in damages due to a change in

access?access?

NOTE: Reasonableness is a question of fact determined in a court of law. It is not an appraisal requirement.

A. CRITERIA FOR ESTABLISHING “REASONABLE ACCESS”A. CRITERIA FOR ESTABLISHING “REASONABLE ACCESS”

Under Wisconsin statutory and case law, the condemnor is responsible for providing property owners with reasonable access when it exercises its rights to regulate access in the public interest. Neither case law nor statutory regulations clearly define the standards or criteria for reasonable access. Whether there is reasonable access in the “After” condition depends on the specific facts of a case.

A list of important considerations for reasonable access follows. The list was developed by John Stockham, who has served as an access specialist. I have added a few appraisal points.

1)1) Traffic SafetyTraffic Safety

• Is the Before access safe from a traffic movement perspective?

• Does the After access provide an improvement in traffic safety over the Before access?

• Not a good idea for appraiser to testify about improved safety, but general comments about improved traffic flow are important points. Spend time at site observing traffic flow.

2)2) VisibilityVisibility

• Is visibility of the business impacted by the improvement?

• Does the driver have reasonable access options to enter the place of business after seeing it?

• Can driver easily see access driveways?

3)3) Travel Time Needed for AccessTravel Time Needed for Access

• Is the driving distance and time to reach the place of business from the highway frontage reasonable?

• Type of business must be considered here – convenience or destination.

4)4) Site SuitabilitySite Suitability

Is the site as suitable a location for the business after highway and access improvements as it was before access improvements?

5)5) Comparability with Competing BusinessesComparability with Competing Businesses

Is access to the place of business comparable to the access for similar businesses in other locations?

6)6) CostsCosts

Will the business experience any direct loss or indirect costs as a result of the change in access?

7)7) ZoningZoning

Will access changes impact zoning or other land use regulations?

8)8) Legal AccessLegal Access

Is the Before access a legally transferable interest. Make sure appropriate permits have been obtained.

CASE STUDY

See following Before value and After value aerials developed by John Stockham for case study project. In Before condition, the property has good access from a frontage road, but experiences a stacking problem at the traffic light.

In After condition, the stacking problem is relieved, but subject driveways are not easily visible due to closure of the frontage road access point. Route to subject is much more circuitous and not intuitive. Access not well suited to design of existing building. Building oriented to front access points and fast food drive-thru. After condition access is from the side and from behind the building.

We determined that the change in access has a negative impact on the market value of the property in this case.

BEFORE VALUE INGRESSBEFORE VALUE INGRESS AFTER VALUE INGRESSAFTER VALUE INGRESS

B. MEASURING SEVERANCE DAMAGES DUE TO CHANGE IN ACCESS

1)1) Vacant LandVacant Land

a) Paired Sales – must isolate access from location.

b) Absent Paired Sales - qualitative adjustment weighted relative to other adjustments

based on importance. Land use is key. Convenience retail access most critical.

c) If HBU change, new set of comparables should be selected that address new use.

2) Improved PropertiesImproved Properties - - No change in HBU as ImprovedNo change in HBU as Improved

a) Land value impact may be sufficient.

Note: If similar buildings are being built with similar or inferior access, it may be difficult to defend damage claims that extend to the building improvements.

b) Can separate land value from overall improved value to isolate building value. Adjust building value independently for inferior functional utility if appropriate to derive After value of building. Then add After value of land to After value of building.

c) Convert estimated retail loss to value loss if direct relationship can be supported.

Note: Change in gasoline volume due to access change might be a good technique for developing an After value of a gasoline station if reasonable argument can be made for volume loss. Here value is frequently based on gasoline sales volume.

3)3) Improved PropertiesImproved Properties - - Change in HBU as ImprovedChange in HBU as Improved

Analyze (a) and (b) below and select the highest After value conclusion.

a) New set of improved comparables should be selected that addresses new use in After

condition. Deduct the cost to retrofit the building for new use from the After value.

b) After value = After value of land only less cost to raze building.

IN CONCLUSIONIN CONCLUSION

I hope this presentation has provided you with a good

INROAD...

to a better understanding of access.