inversecondemnation.com
Commercial Appraiser;
Thanks!
Curtis D. Harris, BS, CGREA, REB
Bachelor of Science in Real Estate, CSULA
State Certified General Appraiser
Real Estate Broker
ASTM E-2018 Commercial Real Estate Inspector
HUD 203k Consultant
HUD/FHA Real Estate Appraiser/Reviewer
FannieMae REO ConsultantCTAC LEED CertificationThe Harris Company, Forensic Appraisers and Real Estate Consultants
*PIRS/Harris Company and the Science of Real Estate-Partners*630 North Sepulveda Boulevard, Suite 9A, Number 702
El Segundo, CA. 90245
310-337-1973 Office
310-251-3959 Cell424-218-9580 Skype WebSite: http://www.harriscompanyrec.comResume : http://www.harriscompanyrec.com/commercialappraiserresume2013locked.pdf Commercial Appraiser Blog: http://harriscompanyrec.com/blog/The LOoP! a Google CSE: http://www.google.com/cse/home?cx=000747579154309164948%3Annakvu69iqy We Make a Simple Pledge to
Communicate, in a timely fashion, each appraisal, analysis, and opinion without bias or partiality
Abstain from behavior that is deleterious to our clients, the appraisal profession, and the public
Hold paramount the confidential nature of the appraiser/consultant - client relationship
and
Comply with the requirements of the Uniform Standards of Professional Appraisal Practice and the
Code of Professional Ethics of the National Society of Real Estate Appraisers
IT'S THE LAW- Statement 7: Prohibition Against Discrimination
State agencies should be aware that Title XI and the Agencies' regulations prohibit federally regulated financial institutions from excluding appraisers from consideration for an assignment by virtue of their membership, or lack of membership, in any appraisal organization. Federally regulated financial institutions should review the qualifications of appraisers to ensure that they are qualified for the assignment for which they are being considered. It is unacceptable to assume that an appraiser is qualified solely due to membership in, or designation from, an appraisal organization, or the lack thereof. The Agencies have determined that financial institutions' appraisal policies should not favor appraisers from one or more organizations or exclude individuals based on their lack of such membership. If a State agency learns that a certified or licensed appraiser allegedly has been a victim of such discrimination, the State agency should inform the Agency which has regulatory authority over the involved financial institution. INCLUDING THE APPRAISAL INSTITUTE-MAICONFIDENTIALITY/PRIVILEGE NOTICE: This transmission and any attachments are intended solely for the addressee. The information contained in this transmission is confidential in nature and protected from further use or disclosure under U.S. Pub. L. 106-102, 113 U.S. Stat. 1338 (1999), and may be subject to consultant/appraiser-client or other legal privilege. Your use or disclosure of this information for any purpose other than that intended by its transmittal is strictly prohibited and may subject you to fines and/or penalties under federal and state law. If you are not the intended recipient of this transmission, please destroy all copies received and confirm destruction to the sender via return transmittal
From: [email protected] [mailto:[email protected]] On Behalf Of inversecondemnation.com
Sent: Friday, September 27, 2013 5:09 AM
To: [email protected]
Subject: inversecondemnation
inversecondemnation
Hawaii Dem Party In Open Primary Challenge: Hawaii Citizens "Think One Way," So Don't Reward Incompetent Parties By Violating Our Associational Rights Posted: 26 Sep 2013 12:19 PM PDT
Here's the latest brief in the Democratic Party's federal court challenge to Hawaii's "open primary" system (the Party's reply brief, which both is its final word supporting its motion for summary judgment, and its response to the State of Hawaii's counter-motion for summary judgment). This brief responds to the State's argument that the mandatory open primary (in which voters can pull a ballot for any party on election day, regardless of the voter's party affiliation or nonaffiliation) isn't that much of a burden on the Democrats' freedom to associate with whom they choose. The Party asserts its associational rights are overly burdened by prohibiting it from insuring that its card-carrying members are the ones who are making the choice for the Party's general election standard-bearer. Yes, the brief argues, Hawaii may be overwhelmingly blue, but don't penalize us for being good at what we do by making us hang out with those who haven't sworn allegiance to our goals (those whom the brief labels "lazy Democratic-leaning persons"):Defendant notes that Hawai`i is currently a heavily Democratic state; no surprise there. Defendant then asserts that there are “safe districts” in which Democrats are so highly likely to be elected, that the Democratic primary, for all practical purposes, selects the representative. (The existence of “safe districts” is the assertion of counsel alone, since Defendant Nago’s Declaration makes no such claim.) Defendant then says that if citizens in safe districts must register with the DPH to vote in the election that will decide their representation (emphasis in original at D. 27), the viability of the other parties may be threatened. This conclusion should be inspected closely.Defendant starts with the assumption that the district is so overwhelmingly Democratic, that no other party stands a chance. There are just so many Democratic voters there, that candidates of other parties might as well give up and hitch a ride out of town. In such a district, Defendant says, if the voters, who are already overwhelmingly aligned with DPH, must register with the DPH in order to vote with the DPH, the viability of the Republican, Green, Libertarian, and other parties “may be threatened.” D. 27. This argument is nonsense on so many levels: it presumes the conclusion (other parties crushed) and then delights in proving what it assumed (other parties crushed); it adduces a cause (registration) which operates after the effect (initial hopelessness of election of non-DPH candidates); “safe districts” are hypothetical, not proved on the record; and nothing makes the speculative injury to other parties more likely than speculative advantage to them, because if DPH is allowed to define its nomination electorate, lazy Democrat-leaning persons, who don’t want to be bothered with associating properly, might simply support other parties.Frankly, Defendant’s goal is troubling. Using the power of the state to equalize political outcomes, in a district where most citizens think one way, is a dangerous idea. Excusing political fecklessness by penalizing political competence, is a dangerous idea. Also, if the purported state interest is to preserve parties as interest groups that are “viable and identifiable” and able to engage in robust debate, how can any party take a non-conventional view, if all voters can select its candidates? Brief at 4-6.Hold on a minute. The political power of the state is often used to equalize politicial outcomes. One thread of the Supreme Court's one-person-one-vote jurisprudence, and many of its Voting Rights Act decisions are premised on just that. Apparently, there's nothing wrong with using governmental power to insure particular outcomes. But a fair reading of the final paragraph above would suggest that what the Party is arguing is that the political power of the state (which, ironically, the Party at least putatively controls with an iron grip) should not be used to insure that everyone has a fair shot, because in Hawaii "citizens think one way." In other words, when Hawaii's voting patterns are such that only Democrats have a shot. Ah, now we get it: democracy is two wolves and a lamb deciding what's for dinner, and if non-Democrats want their fair shot, they should get the citizens to stop thinking "one way." Bon courage!The philosophical heart of the case is whether a primary election is about a voter's choice or a party's choice, but nothing we've read in the briefing so far has changed our initial prediction that the case is going to turn on the mandatory nature of the open primary. Our read of Hawaii law is that there's no other way for a political party to choose its general election standard-bearer. Thus, however odd it may seem in an overwhelmingly Democratic state where the primary in many cases serves as the de facto general election, the Party's right to pick whom it wants as its candidate to stand before the public in a meaningless election has a good shot at winning out over the State's argument for a voter's choice of whom he wants to serve as his representative.Plaintiff's Reply In Support of Plaintiff's Motion for Partial Summary Judgment and Preliminary Injunction,...
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Commercial Appraiser;
Thanks!
Curtis D. Harris, BS, CGREA, REB
Bachelor of Science in Real Estate, CSULA
State Certified General Appraiser
Real Estate Broker
ASTM E-2018 Commercial Real Estate Inspector
HUD 203k Consultant
HUD/FHA Real Estate Appraiser/Reviewer
FannieMae REO ConsultantCTAC LEED CertificationThe Harris Company, Forensic Appraisers and Real Estate Consultants
*PIRS/Harris Company and the Science of Real Estate-Partners*630 North Sepulveda Boulevard, Suite 9A, Number 702
El Segundo, CA. 90245
310-337-1973 Office
310-251-3959 Cell424-218-9580 Skype WebSite: http://www.harriscompanyrec.comResume : http://www.harriscompanyrec.com/commercialappraiserresume2013locked.pdf Commercial Appraiser Blog: http://harriscompanyrec.com/blog/The LOoP! a Google CSE: http://www.google.com/cse/home?cx=000747579154309164948%3Annakvu69iqy We Make a Simple Pledge to
Communicate, in a timely fashion, each appraisal, analysis, and opinion without bias or partiality
Abstain from behavior that is deleterious to our clients, the appraisal profession, and the public
Hold paramount the confidential nature of the appraiser/consultant - client relationship
and
Comply with the requirements of the Uniform Standards of Professional Appraisal Practice and the
Code of Professional Ethics of the National Society of Real Estate Appraisers
IT'S THE LAW- Statement 7: Prohibition Against Discrimination
State agencies should be aware that Title XI and the Agencies' regulations prohibit federally regulated financial institutions from excluding appraisers from consideration for an assignment by virtue of their membership, or lack of membership, in any appraisal organization. Federally regulated financial institutions should review the qualifications of appraisers to ensure that they are qualified for the assignment for which they are being considered. It is unacceptable to assume that an appraiser is qualified solely due to membership in, or designation from, an appraisal organization, or the lack thereof. The Agencies have determined that financial institutions' appraisal policies should not favor appraisers from one or more organizations or exclude individuals based on their lack of such membership. If a State agency learns that a certified or licensed appraiser allegedly has been a victim of such discrimination, the State agency should inform the Agency which has regulatory authority over the involved financial institution. INCLUDING THE APPRAISAL INSTITUTE-MAICONFIDENTIALITY/PRIVILEGE NOTICE: This transmission and any attachments are intended solely for the addressee. The information contained in this transmission is confidential in nature and protected from further use or disclosure under U.S. Pub. L. 106-102, 113 U.S. Stat. 1338 (1999), and may be subject to consultant/appraiser-client or other legal privilege. Your use or disclosure of this information for any purpose other than that intended by its transmittal is strictly prohibited and may subject you to fines and/or penalties under federal and state law. If you are not the intended recipient of this transmission, please destroy all copies received and confirm destruction to the sender via return transmittal
From: [email protected] [mailto:[email protected]] On Behalf Of inversecondemnation.com
Sent: Friday, September 27, 2013 5:09 AM
To: [email protected]
Subject: inversecondemnation
inversecondemnation
Hawaii Dem Party In Open Primary Challenge: Hawaii Citizens "Think One Way," So Don't Reward Incompetent Parties By Violating Our Associational Rights Posted: 26 Sep 2013 12:19 PM PDT
Here's the latest brief in the Democratic Party's federal court challenge to Hawaii's "open primary" system (the Party's reply brief, which both is its final word supporting its motion for summary judgment, and its response to the State of Hawaii's counter-motion for summary judgment). This brief responds to the State's argument that the mandatory open primary (in which voters can pull a ballot for any party on election day, regardless of the voter's party affiliation or nonaffiliation) isn't that much of a burden on the Democrats' freedom to associate with whom they choose. The Party asserts its associational rights are overly burdened by prohibiting it from insuring that its card-carrying members are the ones who are making the choice for the Party's general election standard-bearer. Yes, the brief argues, Hawaii may be overwhelmingly blue, but don't penalize us for being good at what we do by making us hang out with those who haven't sworn allegiance to our goals (those whom the brief labels "lazy Democratic-leaning persons"):Defendant notes that Hawai`i is currently a heavily Democratic state; no surprise there. Defendant then asserts that there are “safe districts” in which Democrats are so highly likely to be elected, that the Democratic primary, for all practical purposes, selects the representative. (The existence of “safe districts” is the assertion of counsel alone, since Defendant Nago’s Declaration makes no such claim.) Defendant then says that if citizens in safe districts must register with the DPH to vote in the election that will decide their representation (emphasis in original at D. 27), the viability of the other parties may be threatened. This conclusion should be inspected closely.Defendant starts with the assumption that the district is so overwhelmingly Democratic, that no other party stands a chance. There are just so many Democratic voters there, that candidates of other parties might as well give up and hitch a ride out of town. In such a district, Defendant says, if the voters, who are already overwhelmingly aligned with DPH, must register with the DPH in order to vote with the DPH, the viability of the Republican, Green, Libertarian, and other parties “may be threatened.” D. 27. This argument is nonsense on so many levels: it presumes the conclusion (other parties crushed) and then delights in proving what it assumed (other parties crushed); it adduces a cause (registration) which operates after the effect (initial hopelessness of election of non-DPH candidates); “safe districts” are hypothetical, not proved on the record; and nothing makes the speculative injury to other parties more likely than speculative advantage to them, because if DPH is allowed to define its nomination electorate, lazy Democrat-leaning persons, who don’t want to be bothered with associating properly, might simply support other parties.Frankly, Defendant’s goal is troubling. Using the power of the state to equalize political outcomes, in a district where most citizens think one way, is a dangerous idea. Excusing political fecklessness by penalizing political competence, is a dangerous idea. Also, if the purported state interest is to preserve parties as interest groups that are “viable and identifiable” and able to engage in robust debate, how can any party take a non-conventional view, if all voters can select its candidates? Brief at 4-6.Hold on a minute. The political power of the state is often used to equalize politicial outcomes. One thread of the Supreme Court's one-person-one-vote jurisprudence, and many of its Voting Rights Act decisions are premised on just that. Apparently, there's nothing wrong with using governmental power to insure particular outcomes. But a fair reading of the final paragraph above would suggest that what the Party is arguing is that the political power of the state (which, ironically, the Party at least putatively controls with an iron grip) should not be used to insure that everyone has a fair shot, because in Hawaii "citizens think one way." In other words, when Hawaii's voting patterns are such that only Democrats have a shot. Ah, now we get it: democracy is two wolves and a lamb deciding what's for dinner, and if non-Democrats want their fair shot, they should get the citizens to stop thinking "one way." Bon courage!The philosophical heart of the case is whether a primary election is about a voter's choice or a party's choice, but nothing we've read in the briefing so far has changed our initial prediction that the case is going to turn on the mandatory nature of the open primary. Our read of Hawaii law is that there's no other way for a political party to choose its general election standard-bearer. Thus, however odd it may seem in an overwhelmingly Democratic state where the primary in many cases serves as the de facto general election, the Party's right to pick whom it wants as its candidate to stand before the public in a meaningless election has a good shot at winning out over the State's argument for a voter's choice of whom he wants to serve as his representative.Plaintiff's Reply In Support of Plaintiff's Motion for Partial Summary Judgment and Preliminary Injunction,...
This posting includes an audio/video/photo media file: Download Now
You are subscribed to email updates from inversecondemnation.com
To stop receiving these emails, you may unsubscribe now.Email delivery powered by GoogleGoogle Inc., 20 West Kinzie, Chicago IL USA 60610
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