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Dayhoit Super Fund Site, Harlan County, Kentucky
Industrial contamination case litigated in Kentucky. A Forrestal member served
as a consultant throughout this case with the local appraiser. This case
involves a group of homeowners/landowners litigating against Cooper
Industries for diminution of property value from the contamination. The
contamination of the Cumberland River and the area was caused by PCB's.
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18-Story Morris Building & Four Retail Buildings,
Philadelphia, Pennsylvania
Subsequent
to the Meridian Plaza fire, surrounding structures were found to have
suffered water damage and were quarantined by the City for mold and
threat of Legionnaire's Disease. Costs to cure were quantified, as well
as estimated for stigma and loss of use; three fire fighters lost their
lives fighting the 38-story blaze in 1991. Most of this Center City block
was eventually demolished due to resistance of the public to accept the
partially renovated existing buildings.
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Secure Chemical Maintenance Facility, Cincinnati, Ohio
SCMF
hazardous waste site was appraised for Real Estate Tax Assessment. The
types of hazardous waste were PCB, Dioxin, PCE, and TCE. The Ohio EPA had
cited CECOS International. The landfill was later closed.
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41-Story Bank One Tower, Phoenix, Arizona
Consultation
of potential litigation support of valuation of the high-rise office
building found to have been fireproofed with asbestos slurry during
construction. Cost scenarios were performed from encapsulation to total
abatement. Value stipulated on deductions for total abatement where
substance was disturbed for remodeling and encapsulation for other areas.
Costs were also deducted for long term monitoring of HVAC systems and
presence of friable asbestos.
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Advanced Reclamation, Inc., Franklin, Kentucky
Advanced
Reclamation, Inc, Owensboro, Kentucky contracted with a Forrestal member
to appraise and develop market research on the Triple M.
Landfarm-Landfill Class II Permit. The hazardous chemicals were gasoline,
diesel fuel, and oil. Research was conducted in several stated to
complete this assignment.
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Del Rio Landfill, Phoenix, Arizona
Property
owners adjacent to closed and capped municipal landfill suspected breach
of liner due to odors that seemed to emanate from the subject property.
Consultant/Appraiser worked with engineers to determine any event of
value impact. Leachate was migrating from the landfill under the subject
property, causing a diminution of value. A settlement was negotiated.
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PBM Building, Cheaterfield Township, Macomb County, Michigan
Valuation
was requested by a Boston-based asset management company. The plating
company had been utilizing an underground storage tank for benzene, which
was breached by corrosion and resulted in contamination of groundwater.
The spill was estimated to have been less than 200 gallons. The State of
Michigan provided substantive remediation data, with treatment discounted
to present value and deducted. Protracted exposure period required
discount for stigma during and after remediation.
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Central & Willetta High-rise, Phoenix, Arizona
A
national lender required a valuation of planned development site along
the Central Avenue Corridor. The existing aged improvements, consisting
of retail and office buildings were found to contain friable asbestos.
Costs to abate the asbestos were quantified and deducted for the value
"as clean".
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Miller Electroplating, Inc., Evansville, Indiana
Miller
Electroplating, Evansville, Indiana contacted a Forrestal member to
appraise a wastewater treatment facility for new construction. They had
received Notices of Violations and contamination of heavy metals,
hazardous materials, and wastewater. The new wastewater treatment
facility was constructed and all Notices of Violations were satisfied.
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Butterfield Station Landfill Expansion, Mobile, Arizona
Feasibility
and valuation of a virgin landfill site adjacent to the existing
municipal landfill was used for litigation support. Appraisal findings
were not disputed; plaintiff lost on title issues.
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Petroleum Facility, Evansville, Indiana
An
Evansville Attorney retained a Forrestal member to perform an appraisal
on a before and after basis of a gasoline station in non-compliance.
Market extraction of risk rates on this type of property was done. The
appraisal was completed based on the uncertainty of contamination, being
in non-compliance with state's leak detection laws and the tanks not
being properly registered with the state.
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Conner Manufacturing, Tempe, Arizona
Consultation
to be used in property tax matter, the owners were named as potentially
responsible parties, and forced to shoulder some of the burden of
groundwater treatment for TCE, DCE, and vinyl chloride, along with
byproducts associated with the degradation of the substances. Valuation
considered long-term costs to pump and treat the aquifer, along with the
protracted exposure period for sale or rent and the impact of the
inability to obtain financing. A settle ment was eventually negotiated.
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New Convenience Store Facility, Princeton, Indiana
AM
Bank, Illinois retained a Forrestal member for appraisal of a new
facility including a review of compliance with state and federal regulations.
There were no complications.
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Weinberger Construction Debris Landfill, Mobile, Arizona
Property
owner requested a feasibility and valuation for development of a virgin
landfill site, including waste tire disposal. Appraisal was used for
financing the development.
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Chevron, Madisonville, Kentucky
After
leak detection at the Chevron Facility in Madisonville, Kentucky, a
Forrestal member was retained to appraise the service station before and
after compliance with the leak detection of petroleum products in place.
The service station did not sell even when price was reduced by 50%. It
was later leased at below market rates.
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American Linen, Phoenix, Arizona
Consultation
for a property tax matter, the former owners were named responsible
parties for surface contamination of the downtown Phoenix site, as well
as potential contributors to the State's East Washington groundwater
contamination site. Costs of remediation and diminution of value were
established, and values were stipulated in a settlement. Issue of
contingent liability was not decided.
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Radford Meats, Richmond, Indiana
Radford
Meats contacted The Forrestal Group for an appraisal of damages to
property adjacent to a Shell Service Station contaminated with petroleum
products. Partners Gene Stuard and Nick Tillema showed loss of value to
adjacent property.
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Alma School Landfill, Mesa, Arizona
A
valuation was undertaken for the condemnee; on a full taking of this
inert materials landfill. The State's offer was significantly diminished
due to claims of organic materials and tries buried in the landfill. A
total excavation found very little; condemnee prevailed, as virtually all
of the excavated material was used in the adjacent freeway ramp by the
State. Severance damages were awarded for loss of the void and revenues
from billboards at the site.
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Rose Brothers, Princeton, Indiana
Rose
Brothers of Pike County Indiana and Lynnville National Bank of Lynnville,
Indiana contracted with a Forrestal member to appraise land adjacent to a
landfill. Solis Waste at this landfill property was permitted. The
appraisal indicated no loss in value to the adjacent properties. There
were no releases of contaminates and it was a rural area.
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43rd Avenue Landfill, Phoenix, Arizona
A
closed and capped former landfill, consultation with the Maricopa County
Assessor was sufficient to recognize the "vacant" site could
not be as marketable as the surrounding industrial sites.
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Strip Mine, Providence, Kentucky
Costain
Coal Company of Sturgis, Kentucky retained a Forrestal member to appraise
any damages to a strip mining operation relating to use of fly ash and
scrubbers sludge for reclamation. Solid waste landfill permitted strip
mines. Results are unknown.
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Tangerine Road Landfill, Pima County, Arizona
Valuation
of a partial taking of gravel pit for expansion of the County's municipal
landfill. Issues included insufficient buffering planned, eventually
allowing leachate to flow into the Santa Cruz River. Value of the partial
taking and severance damages were settled out of court, with significant
weight carried by Fiene appraisal.
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Market Study, Birmingham, Alabama
A
Forrestal member conducted a market study of how contamination of Dioxin
from a Kimberly Clark Plant might contribute to buyers and sellers
reaction and what really happens when a large body of water is
contaminated. Case was settled out of court. An extensive case study indicated
that there is a loss of market value to properties during certain periods
of the contamination.
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Market Study, Greenup County, Kentucky
A
Market Study of how contamination of PCB's from leaking equipment might
contribute to buyers and sellers reaction and what really happens when a
small creek is contaminated. Case was settled. Defendant put in several
miles of water lines prior to settlement.
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Phosphogypsum Stacks, Houston, Texas
Part
of a consulting team, a study was undertaken of the slag heaps near
Pasadena. A byproduct of the refining of bauxite ore, the slag is radioactive
and the ions leashed through the stacks and into the Galveston Aquifer.
Upon presenting preliminary findings on epidemiology, the study was
terminated by the client.
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Martha Fields, Paintsville, Kentucky
Attorneys
Cors & Bassett of Cincinnati, Ohio and Mr. Paul David Brown of
Paintsville, Kentucky retained Gene Stuard as a consultant in a class
action litigation. Ashland Oil Company created radioactivity from oil
drilling practices. Some cases have been settled.
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Conoco, Lake Charles, Louisiana
Attorney
Pattrice Offenheim, of New Orleans, Louisiana, representing Conoco.
Forrestal partners Charles Cummings and Gene Stuard performed appraisals of
before and after value to estimate damages, if any, to properties
allegedly contaminated by asbestos transite type materials.
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Wetlands Appraisal, Evansville, Indiana
General
Shale of Jackson, Tennessee required an appraisal of wetlands property.
No complications. Assignment completed.
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Buildings 425 & 434, Kincheloe Air Force Base,
Kincheloe, Michigan
A
private corporation was setup to manage and eventually sell off the
assets of this contaminated installation. Declared a "Brownfield"
site, rents were determined by studying efforts on other similar
facilities. The rents for the fabrication plants were supported, with
no increases in the foreseeable future.
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Louisiana, Contamination, Toxicity Formula
Site An
owner caused some contamination. In addition, contamination from the
adjacent property, Site B, leached onto Site A. Our members in Louisiana
developed a method of measuring the damages contributed by each owner to
the total, by using the toxicity of the contaminants and formula to allocate
the clean up cost to the two owners.
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Rockwell International, Inc., Russellville, Kentucky
Rockwell
International plant leached PCB's into town branch and on into about 60
miles of Mud River through Logan County, Kentucky. Extensive testing and
studies were conducted during the years of 1987-1994. One group of 47
landowners/farmers was awarded substantial property damages plus a large
punitive damage award. A Forrestal member served in case as a consultant
in directing research and in the preparation of courtroom exhibits.
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Bowser Pump Site, Fort Wayne, Indiana
The
City requested an "as is" valuation of the now-vacant site once
occupied by Bowser Pump in south central Fort Wayne. The presence of
arsenic, lead, cadmium, vanadium and other heavy metal required that at
least the top foot of soil be removed and taken to a suitable disposal
site. When deducting the costs of soil removal and replacement, the site had
a negative value.
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White River Fish Kill, Indianapolis, Indiana
The
White River Fish Kill was caused by a release of chemicals into the White
River that contaminated of 50 miles of the White River through Hamilton,
Madison, and Marion Counties. Marion County is the site of Indianapolis.
1,250 properties were affected by the release and Gene Stuard and Nick
Tillema of The Forrestal Group, Inc. were retained to prepare a mass
appraisal valuation and diminution of property value for the class action
litigation. The case was settled in December 2001.
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Visteon Ground Water Contamination (TCE), Connersville, Indiana
In the case of Pflum et al.Vs. Visteon in Connersville, Indiana, Visteon caused a release of TCE from prior
operations to leach into a large aquifer that crossed several farms in this rural community. Appraisal and
consulting work by The Forrestal Group members developed a loss of value from the contamination that resulted
in a settlement of the case. Loss of value was developed considering the loss of use of the property, crop loss
and the lingering condition of stigma.
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