The four tests of highest and best use analysis (legally permissible, physically possible, financially feasible, maximally productive) used in appraisal.
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- What is 'highest and best use' in real estate appraisal?
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The most reasonable use that will produce the highest net return to the property over time, subject to four tests.
- What are the four tests of highest and best use?
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Legally permissible, physically possible, financially feasible, and maximally productive.
- What does the 'legally permissible' test examine?
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Whether a use is allowed by zoning regulations, deed restrictions, and other legal constraints.
- What is the 'physically possible' test?
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Whether the site's physical characteristics (size, shape, utilities, access) can support the proposed use.
- What does 'financially feasible' mean in HBU analysis?
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Whether the proposed use can be built and operated profitably given current market costs and rents.
- What is the 'maximally productive' test?
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Which legally permissible, physically possible, and financially feasible use generates the highest net return.
- Can a use be physically possible but legally impermissible?
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Yes. A property might physically support a use that zoning or deed restrictions prohibit.
- Can a use be legally permissible but physically impossible?
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Yes. Zoning may allow a use that the site's shape, size, or access cannot accommodate.
- Can a use be physically and legally sound but financially infeasible?
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Yes. The cost to build or operate the use may exceed the revenue the market would generate.
- What happens when a use fails the legally permissible test?
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It is eliminated from HBU analysis and cannot be the highest and best use, regardless of other factors.
- What is an example of a use that might fail the physically possible test?
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A ten-story office building on a small residential lot with limited utilities and no suitable access.
- How does the financially feasible test relate to market demand?
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A use is financially feasible only if sufficient market demand exists to pay rents or prices that cover costs.
- What role does 'maximally productive' play in choosing HBU?
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It selects the single use that generates the highest net return from all uses passing the first three tests.
- Why is the order of HBU tests important?
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Each test eliminates possible uses before the next test is applied, narrowing down to the HBU.
- What legal factors constrain highest and best use?
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Zoning, deed restrictions, covenants, easements, environmental regulations, and building codes.