Real Estate Counseling in Litigation – Eminent Domain

Fall/Winter 1993, Vol 18, No 2 Abstract: The growing need for real estate counselors in litigation, especially eminent domain, results from the increasing complexities of modern day real estate and its valuation. This article presents the perspectives and observations of an attorney and a Counselor of Real Estate (CRE) who have worked together on many condemnation… Read more

The Counselor as Expert Witness: Hazards, Pitfalls and Defenses

Fall/Winter 1993, Vol 18, No 2 Abstract: Real estate counselors are frequently called on to provide expert testimony in court, arbitration or other adversarial proceedings, on issues relating to their areas of special expertise. This article distills the author’s 30-plus years of experience as an expert witness in jurisdictions all over the United States and Canada…. Read more

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Determining the Appropriate Interest Rate in Mortgage Loan Cram-Downs

Fall/Winter 1993, Vol 18, No 2 Abstract: This article develops a foundation for determining discount rates in the bancruptcy petition of real estate ventures, surveys current case law and examines the expanded use of alternative approaches to rate determination for coerced loans precipitated by the current lack of debt-capital. The appropriate rate in a cram-down may… Read more

Counseling in Eminent Domain Litigation

Fall/Winter 1993, Vol 18, No 2 Abstract: The growing complexity of eminent domain litigation increases the need for real estate counselors to work with attorneys in these cases. This article describes the role of the real estate counselor with attorneys throughout eminent domain litigation.  

Legal Interaction with the Owner’s Representative of an Eleemosynary Organization

Fall/Winter 1993, Vol 18, No 2 Abstract: This article discusses the role of an owner’s representative in the acquisition, disposition and adaptation of real estate for non-profit organizations. The owner’s representative receives full delegation from the employer but otherwise acts as a traditional real estate counselor. The relationship between the owner’s representative and the law firm… Read more

The Clean Shoes Syndrome & Other Pitfalls in Real Estate Litigation

Fall/Winter 1993, Vol 18, No 2 Abstract: Counselors and trial attorneys know there are unwritten protocols and customs outside of codes and rulings. This article discusses such actions, recognizable in operation but not tagged with any kind of precise description or legal term. Read More