Legal Services

During recent years land use planning has become an increasingly complex element of the eminent domain process.  The expanding roles of general plans, zoning standards, environmental review, etc. have combined to complicate the land valuation process.  As a result, a greater burden has been placed upon real property appraisers, particularly in the determination of “highest and best use.”


With the benefit of 28 years of public planning experience, Mr. Rasmussen provides consulting and expert witness services that help attorneys and appraisers to establish the highest and best use for complicated pieces of land in eminent domain disputes.  Highest and best use often cannot be directly resolved simply by way of traditional appraisal methods.  Factors such as general plan policy guidance, environmental conditions, site constraints, traffic, infrastructure, etc., can also play an integral role in the property valuation process.


In addition to “highest and best use,” Mr. Rasmussen assists in determining the greatest intensity to which the highest use can be developed.  This is accomplished through the preparation of conceptual site plans intended to maximize the developmental potential of land.  For example, given a site’s size, configuration, easements, physical constraints, setbacks, maximum building height, parking requirements, etc., the maximum intensity to which the highest use can actually be developed is determined.


In the News
» Wayne P. Rasmussen, "The Growing Demands for Wetlands - Should a new class of land use be considered when determining highest and best use?"  IRWA - Right of Way, May/June 2011
»Wayne P. Rasmussen,  "Role of land use Planners in the Eminent Domain Process"  IRWA - Bayviews Newsletter
»Wayne Rasmussen, "Conceptual Site Plans in the Eminent Domain Process", Bundle of Writes
»Wayne Rasmussen, "Predicting 'Reasonably Near Future' in Highest and Best Use", IRWA - Right of Way, May/June 2011