Stuart Graduate School of Business EM-515 Critical Asset Mapping & Management 14 APR 2005 Land Valuation Law & Engineering Sheldon L. Epstein Epstein Associates – K9APE Law Office of S.L. Epstein ©2004- 2005 LOUISIANA PURCHASE 1803 800,000 Square Miles - 47% Bigger Than France $15 Million or ~ 3¢ per acre Doubled Size of the United States of America COMPARISON CHART Organization Title Role Starting Ending Maximize Value / Time Stakeholders Decision Maker EPA Corporation RPM Buyer Public $$$$ Land Acres/$ President Seller Land Private $$$$ Decrease Gov’t & Nbhd Government $$/Acre Decrease Same + S & B Board of Directors OUTLINE Myth Land Valuation Postulates Epstein’s Rules of Money Culture & History Boundary Definitions Paradigm Shifts Over Time Buyer v. Seller Impact of Government Trends Example – A Work In Progress MYTH Real Estate Professionals Are Fond Of Saying: The Three Most Important Attributes Affecting Property Values Are: 1. Location 2. Location 3. Location Land Valuation Postulates Land Is NOT Fungible All Site Attributes Being Equal, Valuation Is An Inverse Function of Risk Risk Comprises Two Components - Market Risk – Will They Buy? - Financing Risk – Can You Build? – Cash Flow? Children And Money Do Not Come With Instructions EPSTEIN’S RULES OF MONEY 1. The Property Is Worth What The Tenant Is Worth (Morris L. Epstein, 1947) 2. Never Finance Long-Term Commitments With Short-Term Money 3. Time/Risk Value of Money – Net Present Value (Exponential) 4. 5. 6. 7. Subsidies Don’t Benefit Intended Beneficiaries Always Keep A Cushion (Aunt Fanny Kaplan) First Rule of Holes – Stop Digging (Rumsfeld) When Using OPM – Always Candor Culture & History - 1 Cultural & Religious Impact On Land Valuation Talmud (Jewish) – Restrictions on Use Torah, Leviticus 25:1-34, 27:14-25 Canon Law (Catholic) – Fair Profit / Usury Shari`ah and Fiqh (Islam) – No Interest Buddhism, Hinduism, Shintoism - ? Governments – Ethnic Prohibitions How Do You Reach Agreement On Valuation Across Cultures? Culture & History - 2 MARKET DISTORTIONS Feudalism – King Owns Everything Communism – State Owns Everything Socialism – We Collectively Own Everything Fascism – They Stole It, We Own Nothing European Civil Law – Prohibited Unless Permitted English Common Law – It’s Your Castle U.S.A. Private Ownership – Ordinance of 1785 Some Combination In Every Country PARADIGM SHIFTS Ancient Mercantilism (18th C. Britain) Today – U.S.A. ANCIENT Boundary – F(x,y) Definition – Monuments & Landmarks (Trees, Streams) Measurement - Imprecise – Yards to Miles Z-Axis - Center of Earth to Heaven Transfer – Crown Grant, Inheritance, Military Conquest Money – Precious Metals (Coined & Uncoined) Valuation – Number of Persons Supported & Military Costs Ownership – Less Than 1% of Population - Citizenship Farm Families - ~95% of Population Travel Speed - ~3 M.P.H. MERCANTILISM (18th C. Britain) Boundary – F(x,y,z) Definition – Metes and Bounds Measurement – Chains, Theodolites – Inches to Feet Z-Axis – Mineral Rights Transfer – Inheritance, Sales Money – Bank Notes, Mortgages, Shares, Trusts Valuation – Yield or Productivity, Water, Trade, Location Ownership - ~5% of Population in Great Britain Farm Families - ~80% of Population Travel Speed - ~10 M.P.H. TODAY – U.S.A. Boundary – F(x,y,z,t) Definition – Precision Survey Measurement – GPS Receiver – Millimeters Z-Axis – Mineral & Air Rights, Condominiums Transfer – Sale, Ground Lease, Time Share Money – EFT, Mortgages, Shares, Trusts Valuation – Location, Development Risk, Environmental / Government Restrictions Ownership - ~60% of Households in U.S.A. Farm Families - ~4% of Population Travel Speed - ~40 M.P.H. When Did Your Family First Own Real Estate? U.S.A – Probably 20th Century U.S.A. – If A WWII Veteran, Then GI Bill, VA,FHA & Other Veteran Programs U.S.A. – Many Federal & State Incentives For Family Home Ownership, Mortgage Tax Deduction U.S.A. – Ground Leases, Co-operatives, Time –Share, Condominiums U.S.A. – Mortgages Offered By FNMA, Pension Funds, Insurance Companies, Banks U.S.A. – Goal To Make Home Ownership Affordable BUYER v. SELLER Allocation of Risks Between Buyer & Seller Marketing Risk – Buyer’s Risk Site Plan – Seller’s or Buyer’s Risk Government Restrictions (zoning, density, neighborhood) – Seller’s Risk Environmental Restrictions (wetlands, corridors) – Seller’s Risk Lower Buyer’s Risk Means Higher Valuation IMPACT of GOVERNMENT Municipality Comprehensive Zoning Ordinance Environmental Corridors, Wetlands, Open Land Neighborhood Plans Subdivision Plans Sector Plans (Residence, Commerce, Industry) Zoning Variances For Individual Sites Building & Appearance Standards Building Permits Land & Premises Inspections Taxes (Property / Income) & Special Assessments Trade / Travel Barriers TRENDS Population Increases Slowing Worldwide U.S.A. - Population Still Increasing & Aging U.S.A. - City Center Migration Will Reverse With Improved Communications & Family Wealth U.S.A. - Population Becoming More Conservative As Land Ownership Continues To Diversify Better Data Bases & Data Mining Technology (GIS & DSS) Enhance Some Property Values U.S.A. - Declining Percentage of Sites Than Can Be Developed EM-515 PROTOCOL 1. Ask - What Is The Full Market Value Of Our 58 Acres At What Time? F($,t) 2. Bound – The Neighborhood In General and Our 58 Acres In Particular 3. Collect – Engineering – Survey, Topography, Soil Bearing Tests, Sewer & Road Plans Neighbors – Existing Structures, Plans, Connectivity Village - Municipal Zoning Code, Neighborhood Plan, Suggestions County Maps - Wetlands, Environmental Corridors, Municipal Improvements, Property Polygons, Topography, Tax Assessments DNR & SEWRPC - Maps of Wetlands, Environmental Corridors Dept. of Transportation – Highway Access, Traffic Counts, Routes Census Bureau - Family Income, Household Size, Demographics, Trends Real Estate Sources - Property Sales Data, Advertisements, Subdivisions, Offers Financing – Bank Market Areas & Concentrations 4. Decide – What We Now Know – Range of Estimated Values & Risk Issues To Be Examined Actions Taken – Drew & Revised Site Plan, Conferred With Village, Received Offers Plans – Collect Data, Prepare Formal Due Diligence Report & Contact Developers DSS PROBLEM How Can Valuation Be Maximized (Sale Price – Improvement Cost) By Adjusting: - Lot Sizes (Max, Min, Mean, Median, Perimeters) - Number of Lots - Lot Locations (Lake View) - Lot Orientations (Sunlight, Wind Direction) How Do We Maximize Capital Gain / Profit? Minimize Risk – Due Diligence 1. Location Risk 2. Governmental Risk 3. Environmental Risk Financing Easier & Less Expensive Price Appreciates As Finance Costs Decrease LOCATION RISK Want To Build Candidate Occupant Demographic Data Employment Reports Neighborhood Facilities & Attributes Traffic Analyses Transportation Resources Weather Data Comparable Prices GOVERNMENT RISK Permitted To Build Municipality Comprehensive Zoning Ordinance Neighborhood Plans Subdivision Plans Highway Access Approval Sector Plans (Residence, Commerce, Industry) Zoning Variances For Individual Sites Building & Appearance Standards Building Permits Inspections TIME TO SITE PLAN APPROVAL = $$$$$ ENVIRONMENTAL RISK Prevented From Building Topography Environmental Corridors Public Easements (Highways, Waterways) Private Easements ( Power Lines, Roads, Underground) Wetlands Open Land Requirements Flood Plains Retention Ponds & Runoff Brownfields (Polluted Land) Prevailing Winds Waterways, Airports, Noxious Neighbors CONCLUSIONS Most Important Factors Affecting Value 1. Location Assessment 2. Governmental Risk Assessment 3. Environmental Risk Assessment Critical Asset Mapping & Management Is A Key Component of Due Diligence Due Diligence Package Creates Value For Your Clients and Value For You The End Written By Sheldon L. Epstein Shel@k9ape.com Produced By Epstein Associates – K9APE PO Box 400 Wilmette, IL 60091-0400 U.S.A. +1 630 564 9292 www.k9ape.com K9APE® Electronic Images ©2004 - 2005, All Rights Reserved