Are expert witnesses necessary in every case?
Expert witnesses are typically required because the condemning authority starts the process with an expert appraisal report. Arizona Law requires an appraisal report to be delivered, supporting a written offer, twenty days before the initiation of any condemnation action. Because the burden of proof for just compensation purposes rests with the property owner, it is usually necessary for the property owner’s counsel to hire independent appraisal experts to provide just compensation opinions. There is nothing in Arizona law that requires the use of an expert witness, so in those cases where the property owner has intimate knowledge of the marketplace and real estate valuation techniques, an expert may be safely avoided. Typically, the owner testifies in addition to a professional appraiser.
