The appraisal of an easement constitutes a valuation of only part of the property rights of the fee interest. The appraisal process and support documentation are the same as for other types of property. However, since there is only a partial acquisition of property rights, there are five issues, rather than the normal three issues of valuation

[State v. Carpenter, 55 S.W.2d 219 (1932)]

.

If the acquisition of an easement will apparently cause no resultant damage to the remainder of the parent tract, the appraisal should supply information to establish the following items 1 and 2. If it is possible that there will be damages or enhancements to the property remainder, form should be used with narrative support not only establishing the answers to items 1 & 2 below, but also establishing items 3, 4, and 5:

value of the fee interest of the easement area before the imposition of the easement;
value of the fee interest of the easement area after the imposition of the easement;
value of the remainder before the acquisition;
value of the remainder after the acquisition; and
value of the whole property before imposition of the easement.

Comparable sales may be limited and difficult to obtain. Sales of properties subject to easements having effects similar to those occurring in the appraised property should be used.

When a temporary easement secured by form will deny the owner the use of the easement area for a given length of time, items 2 and 4 above may be the difference between the value of items 1 & 3 above and the present worth of the land value at the termination of the easement. This should be the same amount as the present worth of the annual rent value of the land for the term of the easement.

When an existing easement is privately owned by a third party and is to be acquired (extinguished) along with the property it crosses, a separate value should not be itemized on form ; however, the ownership of the easement should be noted on the form. Should the fee owner not be able to work out a release of the third party private easement and/or requests that TxDOT directly negotiate the release of the easement, a separate value should be determined for the private easement by the appraiser. This value would then be offered to the private easement holder for the easement’s release by form . If this offer is rejected, condemnation proceedings would be requested to secure both the fee and easement rights.