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S. Real estate appraisals, negotiations

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  • Alabama

    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).

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  • Arkansas

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

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  • Connecticut

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

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  • Delaware

    Not specified.

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  • District of Columbia

    D.C. Code Ann. § 42-1206 provides that "[a]ll 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."

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  • Florida

    No right of public inspection of appraisals, other reports relating to value, offers, and counter offers exists in any case in which an agency seeks to acquire real property by purchase or through the power of eminent domain. Fla. Stat. §§ 125.355 (counties); 166.045 (municipalities); 1013.14 (school boards). The exception expires upon the execution of a valid option contract or the conditional acceptance by the agency of a written offer to sell. Id.

    Sections  125.355(1) and 166.045(1) (1996) of the Florida Statutes provide for the temporary confidentiality of certain records pertaining to the purchase of real property by countries and municipalities, respectively, until an option contract is signed, or if there is no option contract, 30 days before a contract is considered for approval by the governing body.  See Poole v. Port Orange, 33 So. 3d 739, 740-41 (Fla. 5th DCA 2010).

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  • Georgia

    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.

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  • Illinois

    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).

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  • Iowa

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

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  • Kansas

    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.

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  • Nebraska

    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).

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  • New Jersey

    These are “government records” as defined by OPRA. Any information contained in the records that would give an advantage to competitors or bidders if disclosed, is exempt from disclosure under OPRA.

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  • New York

    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).

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  • Pennsylvania

    Real estate transactions are presumptively accessible.

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  • Tennessee

    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).

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  • Texas

    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).

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  • West Virginia

    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.

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  • Wisconsin

    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).

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