Highest and Best Use Analysis
Objective evaluation of economically viable uses before and after regulatory changes or appropriation.
Other Services for Attorneys
Beyond "Legally Permissible": A Developer's Reality Check
In most real estate disputes, the "Highest and Best Use" (HBU) opinion is the foundation for all valuation. However, many HBU analyses fail in court because they are theoretical, ignoring the practical realities of development.
A standard analysis asks: Is it legally permissible? Is it physically possible? Is it financially feasible?
Our analysis is more rigorous. As experienced developers and Registered Architects, we apply a fourth, critical filter that most experts miss: Is it market-supported and logistically viable?
Our Rigorous HBU Approach
We provide a trial-ready opinion by proving (or disproving) HBU based on real-world constraints:
- Physically Possible: As a Registered Architect, Jay DeVore can credibly testify on a site's true physical limitations, beyond a simple survey.
- Financially Feasible: With an MBA in Real Estate Finance, our analysis proves whether a proposed use would actually generate a profit that a rational developer would pursue.
- Market Supported: We analyze real market data to determine if demand actually exists, preventing speculative uses from being admitted as "feasible."
- Development Reality: We understand the entitlement, zoning, and construction hurdles that can make a "legally permissible" use impossible in practice.
A Defensible Opinion That Withstands Scrutiny
Attorneys choose our HBU analysis because it’s not an academic exercise. It’s the same disciplined process a sophisticated developer would use before investing millions of dollars. This real-world grounding makes our testimony uniquely credible and defensible under cross-examination.
This service is critical for:
- Eminent Domain & Partial Takings
- Regulatory & Zoning Disputes
- Property Tax Appeals
- Damages from Contamination or Defects
