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2025 Spring Litigation Conference

May 16, 2025 @ 8:30 am - 4:45 pm

Limited Seating is Still Available

LISTEN.  PARTICIPATE.  LEARN.

Our 2025 Spring Litigation Conference presents advanced topics to appraisers interested in litigation work. This is an opportunity to sharpen your knowledge and broaden your practice by listening to some of the top experts in the region.

We are returning for another “live” / in-person offering – at one of our favorite East Bay locations – Preservation Park in Oakland!

BONUS!  Stay and network post-conference and enjoy complimentary appetizers and beverages.

 

Topics include

Damages, Benefits and Light Rail:  A Tale of Two Cities
Condemnation for two light rail projects – San Diego and Honolulu – present some complex challenges.  What is the Larger Parcel, if 20 non-contiguous parcels of varying uses and proximity are involved? What is the Project if it is 30 miles long and decades in planning? How can damages/benefits be estimated from rail proximity?

Tait vs. Commonwealth: A New Twist on Overholzer
For 71 years, Overholzer v Northern Counties Title Ins. (1953) 116 Cal.App.2d 113 has been the controlling case for title cases on missed title exceptions. In 2024, the California Court of Appeals clarified Overholzer, changing the landscape for some cases.

Historically, Overholzer was used to limit appraisers’ valuations in title cases. Instead of using a traditional highest and best use approach, Overholzer was argued to limit appraisals to  valuation based on “the use to which the property was then being used.”  In Tait, the insureds alleged that the title insurer breach the title policy by failing to pay the full amount by which the insureds’ property value was diminished by an undisclosed easement. The appellate court agreed with the Taits that Overholzer had been misinterpreted, and ruled that the Taits were entitled to reimbursement for diminution based on the property’s highest and best use. Despite this new ruling, appraisers still will have hurdles to overcome in proving up H&BU in title cases, we will discuss in this session.

Understanding and Valuing Easements
Easements are more interesting than one may think.  An easement can add to a property’s bundle of rights (dominant tenement easement for access, for example), or significantly impair a property (overhead power lines which prevent building placement). This session is intended to provide an overview as to what an easement is, what are various types of easements, and what purposes easements are intended to serve.  In addition, the session will go over various valuation methodologies and case studies.

Case Study: An Inverse Condemnation Odyssey Into the Sea and Back
Advance into the issues of damage and impairment and the related topic of damage economics as these issues are most often inherent in inverse condemnation cases.  The valuation methodology appropriate for the problem solution will be presented.  The case study relates to an actual complex inverse condemnation case that went from being very confusing (in terms of where and how to start the appraisal process and how to determine impacts)  to obvious after a tremendous amount of research and discovery.  A good portion of the session will be spent answering the questions of how do you get through this fork in the road on this type of issue at various points in the appraisal process?

Ask the Experts – Worldly Appraiser Wisdom
“It ain’t what you don’t know that gets you into trouble. It’s what you know for sure that just ain’t so” – Mark Twain

Proximity to genius might not make us smarter (though there may be exceptions) but proximity to wisdom might make us a bit wiser.  This session will be about Appraisal Worldly Wisdom from the panel.  The session is designed to be a “crash course” in the important ideas as well as the nuances of litigation appraising.  It is designed to be useful to those who may be starting out in either appraising or litigation appraising up to experts. For those of you with three letters after your name – do not fret! You may find out that something you knew “for certain” turns out to be incorrect for one reason or another.  The session will include a panel of professionals who specialize in litigation. So come join us! You might learn something that can save you from yourself!

Navigating Legal Landmines:  Avoiding Pitfalls through Case Law Insights
Attorney F. Gale Connor is a prominent litigation attorney who has been recognized  by  Super Lawyers Northern California in 2006 and  2008–2024.  He will provide us with comments on the perils for appraisers when the enter the “lion’s den” of litigation.

 

Panelists include
Rob Caringella, MAI, Principal, Jones, Roach, Caringella
Bernadette Duran-Brown, Esq., Partner, Eminent Domain & Inverse Condemnation, Nossaman LLP
James J. Ficenec, Esq., Newmeyer & Dillion
Norman C. Hulberg, MAI, Senior Managing Director, Valbridge Property Advisors
Scott S. Hamm, MAI, Scott S. Hamm & Associates
Gale Connor, Miller Starr Regalia
Simon Offord, Esq., Senior Partner, Brewer, Offord, & Pedersen LLP
Josh Fronen, MAI, Managing Director, Valbridge Property Advisors | Northern California

 

A Special Note About Registering:

  • Never attended an Appraisal Institute Offering or not yet updated your password / log-in since October 1, 2019 – follow these simple steps before registering.
  • Earn 7-hours of CEC.  Approved for 35-points/7-Hours of Appraisal Institute CEC and 7-hours of CA BREA CEC (#25CP754601605).  An application for  7-hours of SBE Training Credit is being submitted.
  • Those seeking credit from states outside of California are strongly encouraged to check directly with their state licensing board(s) to confirm that the specific state(s) will (1) accept education from an out-of-state provider and/or (2) offers reciprocal credit if the offering is approved by the CA BREA.


Still Time to Secure Your Seat
Register after May 2
Appraisal Institute Designated Members, Candidates and Affiliates – $395
Standard / Non-AI Professionals – $450


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