S. Real estate appraisals, negotiations

1. County boards of equalization: The records of these boards are public records. 215 Op. Att’y Gen. Ala. 39 (June 14, 1989).

2. County real estate maps and plat books: Maps and plat books of all real estate in each county are required to be kept in the office of the county’s tax assessor “open to the inspection of the public at all times when not in use by the assessor or the board of equalization.” Ala. Code § 40-7-41 (2003).

No case law.

(This section is blank. See the subpoints below.)

See Conn. Gen. Stat. §1-210(b)(4) and (7) as discussed above in Records Outline at II.A.2.d and g.

Not specified.

“All public records which have reference to or in any way relate to real or personal property in the District of Columbia, whether the same be in the office of the Recorder of Deeds or in some other public office in the District of Columbia, shall be open to the public for inspection free of charge."

D.C. Code Ann. § 42-1206.

In any case in which an agency seeks to acquire real property by purchase or through the power of eminent domain, appraisals and other reports relating to value, offers, and counter offers are exempt from section 119.07(1) until an option contract is executed, the agency considers a contract or agreement for purchase, or 30 days have passed since the termination of negotiations. Fla. Stat. §§ 125.355(1)(a) (counties); 166.045(1)(a) (municipalities); 1013.14(1)(a) (school boards); see also Poole v. Port Orange, 33 So. 3d 739, 740-41 (Fla. 5th DCA 2010).

Records relating to real estate are subject to the Act’s disclosure requirements. The Georgia Superior Court Clerks’ Cooperative Authority maintains searchable online databases of such records.

Open, unless the records pertain to a not yet consummated or not yet completed real estate purchase negotiation. With regard to a parcel involved in a pending or actually and reasonably contemplated eminent domain proceeding, records, documents and information relating to that parcel shall be exempt except as may be allowed under discovery rules. Records relating to a real estate sale shall be open after a sale is consummated. 5 ILCS 140/7(1)(r).

Appraisals, negotiations and transactional details are confidential until after the execution of the contract for purchase or sale. Iowa Code § 22.7(7).

County appraiser's office must provide access to the database maintained in the office, provided that the records requested are open public records. A requester of such database may manipulate and repackage this information into a different format for sale as long as K.S.A. 21-3914 and K.S.A. 45-220(c) are followed. Kan. Att’y Gen. Ops. 1994-104; 1994-132 (Public land records are open for inspection).

Tax assessment records are open. Kan. Att’y Gen. Op. 1991-145.

Government records relating to the leasing, purchase or sale of real estate by a public governmental body may be closed. Mo.Rev.Stat. § 610.021(2). Such records, including minutes of closed meetings, may be closed even if no actual lease, purchase or sale of real estate results. See State ex rel. Birk v. City of Jackson, 907 S.W.2d 181, 187 (Mo.Ct.App. 1995).

Before a “real estate” record may be closed, the public governmental body must first find that public knowledge of the transaction might adversely affect the legal consideration for that real estate. § 610.021(2).

Minutes of closed meetings, votes or other public records approving the contract relating to the leasing, purchase or sale of real estate by a public governmental body must be made public upon execution of the lease, purchase or sale of the real estate.

See State ex rel. Birk v. City of Jackson, 907 S.W.2d 181, 187 (Mo.Ct.App. 1995) (holding that the city properly withheld minutes of closed council meetings where agreements to operate city-owned landfill were discussed with independent contractors until the agreements were finally approved); City of St. Louis v. City of Bridgton, 806 S.W.2d 717, 719 (Mo.Ct.App. 1991) (holding that the meaning of the term “transaction” in the real estate exception is broad enough to encompass multi-lot bulk real estate acquisition or buyout program by public governmental body, and contracts on individual lots need not be available for public inspection until buyout program is complete and knowledge of purchase prices on individual lots would not adversely affect subsequent contracts); Tipton v. Barton, 747 S.W.2d 325, 331 (Mo.Ct.App. 1988) (mere reference in a public record to a real estate transaction is not sufficient to trigger application of the real estate exception; the exception applies only where the actual terms of any real estate transaction or a negotiating position of the public governmental body is reflected in the record).

Appraisals or appraisal information and negotiation records concerning the purchase or sale, by a public body, of an interest in real or personal property, prior to completion of the purchase or sale. Neb. Rev. Stat. §84-712.05(6) (Reissue 2014).

To the extent these records are made, maintained or kept on file by a government agency, they are “government records” as defined by OPRA. They may, however, be exempt from access under one of the specific exemptions contained in OPRA or under a separate statute or other legal authority pertaining to the specific record.

City of New York v. State Board of Equalization and Assessment, 65 N.Y.2d 656, 481 N.E.2d 242, 491 N.Y.S.2d 610 (1985) (granting access to lists of sales of real property, but remitting case for consideration of city’s claim that assessor’s notations be exempted from disclosure as interfering with deliberative process); Xerox Corp. v. Town of Webster, 65 N.Y.2d 131, 480 N.E.2d 74, 490 N.Y.S.2d 488 (1985) (denying access to portions of real estate appraisal reports prepared for town by private consulting firm as intra-agency records); Brusco v. New York State Division of Housing and Cmty. Renewal, 170 A.D.2d 184, 565 N.Y.S.2d 86 (1st Dep’t 1991), appeal dismissed, 77 N.Y.2d 939 (1991) (landlord was required to maintain complete rent history); Brownstone Publishers Inc. v. New York City Department of Finance, 167 A.D.2d 166, 561 N.Y.S.2d 245 (1st Dep’t 1990) (information from real property ordered disclosed); Brownstone Publishers Inc. v. New York City Department of Buildings, 166 A.D.2d 294, 560 N.Y.S.2d 642 (1st Dep’t 1990) (statistical information contained on computer files concerning every parcel of real estate in New York City was ordered to be made available for computer copying); Property Valuation Analysis Inc. v. Williams, 164 A.D.2d 131, 563 N.Y.S.2d 545 (3d Dep’t 1990) (property cards ordered disclosed); Brownstone Publishers Inc. v. New York City Department of Finance, 150 A.D.2d 185, 540 N.Y.S.2d 796 (1st Dep’t 1989), motion for leave to appeal denied, 75 N.Y.2d 791 (1990) (statistical and factual information from real property transfers was ordered disclosed except for names of buyers and sellers); David v. Lewishohn, 142 A.D.2d 305, 535 N.Y.S.2d 793, (3d Dep’t 1988), lv. denied, 74 N.Y.2d 610, 546 N.Y.S.2d 554, 545 N.E.2d 868) (denying access to nonfinal recommendations contained in real property transfer data); Murray v. Troy Urban Renewal Agency, 84 A.D.2d 612, 444 N.Y.S.2d 249 (3d Dep’t 1981), aff’d, 56 N.Y.2d 888, 438 N.E.2d 1115, 453 N.Y.S.2d 400 (1982) (denying access to an appraisal report prepared by a consultant to an urban renewal agency on basis that access would impair future contract awards); 124 Ferry Street Realty v. Hennessy, 82 A.D.2d 981, 440 N.Y.S.2d 419 (3d Dep’t 1981) (denying access to Department of Transportation’s appraisal reports for a specific real estate parcel as intra-agency materials); Morris v. Martin, 82 A.D.2d 965, 440 N.Y.S.2d 365 (3d Dep’t 1981), rev’d, 55 N.Y.2d 1026, 434 N.E.2d 1079, 449 N.Y.S.2d 712 (1982) (granting access to sales data lists to real property owners engaged in tax certiorari litigation); Tri-State Publishing Company v. City of Port Jervis, No. 7498-91 (Sup. Ct., Orange Cty., March 4, 1992) (denying access to names and addresses of tenants in housing subsidy program or of property owners where all tenants are in subsidy program as an unwarranted invasion of privacy); Samuel v. Mace, (Sup. Ct., Monroe Cty., Dec. 11, 1991) (granting access to listing of owners of residences in school district); Buffalo Evening News v. City of Lackawanna, (Sup. Ct., Erie Cty., June 24, 1985) (granting access to records regarding escrow agreements relating to negotiations for the acquisition of real property); Szikszay v. Buelow, 107 Misc.2d 886, 436 N.Y.S.2d 558 (Sup. Ct. 1981) (granting access to county tax maps and computerized assessment roll tapes); Inner City Press/Cmty. on the Move v. New York City Dep’t of Housing Preservation and Development, Index No. 126653/93 (Sup. Ct. New York Cty. November 9, 1993); New York State Ass’n of Realtors v. Paterson, No. 4514-81 (Sup. Ct., Albany Cty., July 15, 1981) (granting access to names and addresses of all real estate licensees, their status as broker or salesperson and the names and addresses of the firms with which associated); Phillips v. Brier, No. 6565-80 (Sup. Ct., Albany Cty., Aug. 22, 1980) (granting access to correspondence between a private appraiser and city manager); Gannett Satellite Information Network Inc. v. City of Elmira, Index No. 94-1752 (Sup. Ct. Chemung Cty. August 26, 1994) (denying access to appraisal figures of appraisers retained by city as professional opinions; not statistical or factual tabulations and data); U.S. Claims Services, Inc. v. New York State Dep’t of Audit and Control, Office of the State Comptroller, 23 Misc.3d 923, 873 N.Y.S.2d 897 (Sup. Ct. Albany Cty. 2009) (holding that the value of abandoned property, including value ranges, is exempt from disclosure under Abandoned Property Law § 1401).

Real estate transactions are presumptively accessible.

Records related to value of real or personal property to be acquired for public purpose are closed. T.C.A. § 10-7-504 (a)(6).

Section 552.105 of the Act exempts from disclosure information concerning the location of real or personal property for public purposes before public announcement of the project, as well as information concerning appraisals or purchase prices of real or personal property before formal award of a contract for the property. Section 552.105 "was designed to protect a governmental body's planning and negotiating position with respect to particular transactions" and even can exempt "appraisal information about a parcel of property acquired in advance of other parcels, if release of this information would harm the department's negotiating position with respect to the other parcels of land." Tex. Att'y Gen. ORD-564 (1990).

The only specific state FOIA exemption for real estate appraisals or negotiation material is the provision of FOIA Exemption 6 that protects the "location of undeveloped historic, prehistoric, archaeological, paleontological and battlefield sites." W. Va. Code § 29b-1-4(6).

In Veltri v. Charleston Urban Renewal Authority, 178 W. Va. 669, 363 S.E.2d 746 (1987), the Kanawha County Circuit Court ordered the Authority to release all appraisals it had obtained on a parcel of real estate it had purchased.

The law has not addressed this issue directly; however, records of this nature may be closed if there is a competitive or bargaining need to do so. Cf. Wis. Stat. § 19.85(1)(e), § 19.35(1)(a).