Re: Whiskey Priest/Atlantic Beer Garden Redevelopment | 150 Seaport Blvd | Seaport
I negotiate real estate transactions for a living, on the sell side, albeit in very different types of properties. I have on a few occasions had complications raised by oddball little slivers of land, or weird easements, or encroachments that needed to get cleared up, or what have you.
Appraisals in these situations are worthless, and appraisers know it better than anyone else, and they will plaster so many caveats onto their appraisals it's not funny.
You find out the value of a piece of land like this via negotiation.
Let's assume the following scenario. A) I own that parcel, and it's not in a city with some crazy-ass entity like the BRA, and it's not on the waterfront either (none of these over the water issues on the other side of the site). B) I've been leasing it to Cronin amicably for years for his bar seating. C) The lease income I get is not vital to my financial existence, nor is the lease expense vital to his financial existence. D) There are access issues concerning access to roads across my land to his, as is the case here (whether this is an easement or what exactly: never mind the details, just assume he needs access across my land to the street).
Cronin comes to me and says he's planning to develop his parcel into something way bigger than a bar. This means we have to renegotiate his access lease, at the least. He then tells me he'd like to have his building extend into my air rights, and would quite naturally like to control the site itself and so wants to buy it outright. He asks me for a price.
I'm not hiring some damn appraiser. I'll first wait until I've gotten his renderings / plans, either via negotiation or seeing it in the papers (if he's smart, he provides them, no point trying to hide that). If his plan were in my wheelhouse of property type, I could do a first level pro forma of overall value myself, but it isn't in my wheelhouse. So I'll hire a consultant to help me value a) the total value to him as completed WITH the extension over my air rights, and WITHOUT it (i.e., if negotiations break down, and he scales it back). I'm also going to re-evaluate what access rights across my land will cost if I hold the land and lease the access (again, with or without the overhang above).
Then I really ponder, with the help of a lawyer, who can block whom here. Clearly I have leverage over him, but my sliver is not able to do such a big value boost on its own, so he's got leverage over me. In a worst case scenario, if his development fails and he decides to shutter his bar while landbanking his parcel for a while, I lose all lease income for that while and can do nothing about it. Which won't kill me but I won't like it. The leverage goes both ways and is complex and unique.
So then I go in with multiple pricing: Here's what I'll sell you the land for, here's what I'd renegotiate the lease price to be for a new type of access across my land in case you scale back. He would know me well enough to know my first offer will be high and I won't expect to get that. His first counter will be low (I assume) and he'll expect to pay more.
Would it be complicated and difficult? You bet. Would I get better than $55,000? YES, I am extremely confident of this. Do I know how much more? Of course not. Would I accept an appraisal of any sort? Fuck no. Should he accept any appraisals from me? Fuck no. We get to a price via negotiation. If he's a better negotiator than me, the price comes down, if I'm better than him, the price goes up. Wherever we end up, that is the market price at that snapshot in time. If he flips the parcel the next day for triple what I paid, then I'm a dummy and have no one but myself to blame.
This is publicly owned land, so I do understand it would never play out the same as in a private transaction. But, being publicly owned land, there is a right for the public to know how the price was reached, and the Globe's job is to probe into that. If there were previous rounds of negotiation, the BRA should disclose how that happened. If the guy just came in with a 55K appraisal and the BRA said OK, that's absurd, and the IRS ought to hit him for the unearned income.