Page:United States Statutes at Large Volume 114 Part 2.djvu/135

 PUBLIC LAW 106-291—OCT. 11, 2000 114 STAT. 1017 (2) EXCEPTION FOR CERTAIN SALES OF LAND.—In conducting an appraisal under this title, the appraiser— (A) shall not select sales of comparable land that are sales of land within developed urban areas; and (B) should not, in most circumstances, select a sale of comparable land that includes land that is encumbered by a conservation or recreational easement that is held by a government or institution, except land that is limited touseasasitefor 1home. (3) ADJUSTMENTS FOR TYPICAL VALUE INFLUENCES.— (A) IN GENERAL.— The appraiser shall consider, and adjust as appropriate, the price of sales of comparable land for all typical value influences described in subparagraph (B). (B) VALUE INFLUENCES.—The typical value influences referred to in subparagraph (A) include— (i) differences in the locations of the parcels; (ii) accessibility, including limitations on access attributable to— (I) weather; (II) the condition of roads or trails; (III) restrictions imposed by the agency; or (IV) other factors; (iii) the presence of marketable timber; (iv) limitations on, or the absence of, services such as law enforcement, fire control, road maintenance, or snow plowing; (v) the condition and regulatory compliance of any site improvements; and (vi) any other typical value influences described in standard appraisal literature. (4) ADJUSTMENTS TO SALES OF COMPARABLE PARCELS. — (A) UTILITIES, ACCESS, OR FACILITIES. — (i) AGENCY.—Utilities, access, or facilities serving a lot that are provided by the agency shall be included as features of the lot being appraised. (ii) CABIN OWNERS.—Utilities, access, or facilities serving a lot that are provided by the cabin owner (or a predecessor of the cabin owner) shall not be included as a feature of the lot being appraised. (iii) THIRD PARTIES.— Utilities, access, or facilities serving a lot that are provided by a third party shall not be included as a feature of the lot being appraised unless, in accordance with subsection (a)(1), the agency determines that the capital costs have not been or are not being paid by the cabin owner (or a predecessor of the cabin owner). / (iv) WITHDRAWAL OF UTILITY OR ACCESS BY ' AGENCY. —I f, during the term of an authorization, the agency or an act of God creates a substantial and materially adverse change in— (I) the provision or maintenance of any utility or access; or (II) a qualitative feature of the lot or immediate surroundings.

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