Shenehon receives award for outstanding business valuation practices

The International Society of Business Appraisers (ISBA) has recognized Shenehon Company for its excellence and adherence to professional performance standards. Shenehon was recently awarded ISBA’s Gold Seal of Trust in Business Valuation.

In presenting the award, the ISBA said, “Shenehon’s Business Valuation Unit is an outstanding example of a world-class business valuation firm.” Shenehon is the only valuation organization in Minnesota to be awarded this honor and is the only recipient in the United States that has a multi-functional practice, handling both business valuations and commercial real estate appraisals.

U.S. Labor Department looking closely at ESOP valuations

The U.S. government is increasing scrutiny of valuations of employee stock ownership plans (ESOPs), looking for inflated estimates of the worth of a company’s shares, according to an article in the June 23 Wall Street Journal. The Labor Department is plaintiff in 15 lawsuits related to ESOPs, with most of the cases claiming shoddy valuations, and some alleging that appraisals were deliberately inflated, harming the plan and participating employees.

Company owners can defer taxes on capital gains when they sell all or part of a company to an ESOP, and employer contributions to ESOPs are generally tax deductible. More than 13.4 million U.S. workers were part of an ESOP in plan in 2011 (the latest year data is available), up 7.5 percent from 2006.

Valuations are an integral part of an ESOP plan, as 95 percent of the estimated 6,800 U.S. companies with an ESOP are closely held and not widely traded. Valuations are necessary when the ESOP is established and annually in subsequent years to determine the repurchase price at an employee’s retirement, departure or death.

According to the Journal article, federal officials are expected to propose new rules in 2015 to toughen standards for outside appraisers who prepare valuations for ESOPs. Currently there are no minimum qualifications for appraisers who value ESOPs or any specific guidance or rules related to how the appraisals are performed.

The Labor Department is also scrutinizing trustees with a fiduciary duty to employees participating in a plan. A settlement with GreatBanc Trust Co. spelled out practices for GreatBanc to follow, including taking “reasonable steps” to make certain that an appraiser gets accurate and current information to use in the valuation analysis.

ESOP valuations require a reasonable and well-defended valuation analysis, performed by a qualified appraiser, in order to meet the needs of the large number of ESOP stakeholders. Shenehon Company has more than 30 years of experience in business valuations and can prepare valuation analysis for use at the formation of an employee stock ownership plan as well as annual ESOP valuations. For more information, contact Bill Herber at 612-333-6533 or bherber@shenehon.com.

Questionable Compensation for Temporary Easements

By: Phillip J. Butler

Shenehon Company has recently noticed a pattern where condemning authorities such as the Minnesota Department of Transportation, cities, and counties, establish temporary construction easements and want to compensate property owners in a way that is questionable and unreasonable.

Private land taken for a public project is often acquired in one of two formats: permanent or temporary. The most common temporary easement is a temporary construction easement. Since it is difficult to accurately determine construction timelines, condemning authorities place temporary easements for a longer time period than they actually need to complete construction. For example, a city might need a construction easement for nine months. Since it is difficult to accurately estimate construction timelines, the city might impose the right to use the nine months at any point within 48 months. Lately we are seeing cities like the one in our example offer to compensate property owners only for the nine months of use rather than the 48 months of right to the land. The city claims that since it will use the land for only nine months it must only compensate the property owner for that time.

Some may question this logic. One might argue that since that the city is imposing the right to use the land for 48 months it should compensate for the full 48-month period. Customary leasing practice in the marketplace is for a tenant to pay for the right to occupy a space for a period of time. If the tenant does not actually use the space during the time period stated in the lease, the tenant cannot reduce the rent payment due the landlord.

Using this customary approach to land use and leasing, we assert that it is improper for the city to impose rights for land use during a specified time period and then reduce its just compensation payments based on the fact that it did not actually use the land.

We appreciate the fact that condemning authorities want to save taxpayer dollars. But the approach we just described is a questionable method to trim costs. We maintain that just compensation is based on rights to land use and not actual use.

Shenehon Company appraiser will be published in The Appraisal Journal

Congratulations to John Schmick, Vice President and Director of Special Projects at Shenehon Company. The Appraisal Journal, the appraisal profession’s premier technical and academic publication, has accepted an article submitted by Schmick and co-author Jeff Jones, MAI and Chief Appraiser of the Alabama Department of Transportation. The article challenges the widely accepted practice of using the across-the-fence methodology in valuing railroad land. The piece illustrates how the practice does not comply with the Uniform Standards of Professional Appraisal Practice (USPAP) and will be published later in 2014.

Schmick has previously been published in Real Estate Review and Right of Way magazine.

Morningstar discontinues the Ibbotson SBBI Valuation Yearbook at the end of 2013

By: Chris Olson, MBA

Morningstar discontinued the publishing of its annual Ibbotson SBBI Valuation Yearbook at the end of 2013, so now what should valuation professionals use as a replacement?

Currently, there are two leading sources to replace the outgoing SBBI data source. The first option is the Valuation Handbook by Duff & Phelps; this is a new offering and is intended to be a comparable replacement for the Ibbotson SBBI Valuation Yearbook. The second option is the Implied Private Company Pricing Line (IPCPL) by Bob Dohmeyer, ASA; Pete Butler, CFA, ASA; and Rod Burkert, CPA/ABV, CVA.

The Valuation Handbook by Duff & Phelps offers valuation professionals source information in a similar format as the discontinued Ibbotson SBBI Valuation Yearbook, so the transition should be fairly seamless. Valuation professionals will still be able to have a break out of each risk component within the build-up method to arrive at the weighted cost of capital (WACC). However, it is still too soon to definitively comment on this source.

The other option is the Implied Private Company Pricing Line, which was discussed in the September 2013 BVR Business Valuation Update newsletter (http://bvresources.com/freedownloads/BVU_0913_PricingLine.pdf).

Using the Implied Private Company Pricing Line is an innovative way to assist valuation professionals in calculating a company’s WACC using the calculator (http://biz-app-solutions.com/IPCPL.asp), and all that is required is the company’s revenue. For example, the cost of capital for a company with $100,000 in revenue is 23.73%, while the cost of capital for a company with $100 million in revenue is 18.48%, assuming a 0% tax rate for both. The cost of capital difference between the two examples is 5.25%.

Based on what we have seen thus far, it appears that the Duff & Phelps data would be most likely used in a given valuation engagement, given that the IPCPL is only a recent development, and therefore not fully vetted.

Can a Single Market Indicator Predict Rental Demand?

By: Brad Dulas

In any given year, a certain number of clients will ask an appraiser, land planner, consultant, or other estate professional to estimate how long it will take a planned apartment complex to reach stabilized occupancy or how long it might take an entire overbuilt apartment market to reach equilibrium in terms of balance in demand and supply. As new apartment construction pipelines swell throughout the United States and within the local Twin Cities apartment market, client requests for an accurate estimate of supply and demand trends have become more common and the professional’s conclusion begins to hold more weight. Professionals involved in these assignments rely on a wide range of techniques, methods, and formulas, with varying degrees of success, to reach their respective conclusions.

This begs the question of which technique, method, or formula is most successful in forecasting rental demand, and whether there is a single market indicator that can, in fact, predict apartment demand. In an article titled “Using Historical Employment Data to Forecast Absorption Rates and Rent in the Apartment Market”, published in Real Estate Issues1, the authors describe a simple forecasting technique based on the relationship between net new jobs created and apartment absorption rates. Charles Smith, Ph.D., Rahul Verma, Ph.D., and Justo Manrique, Ph.D., suggest that if one divides average annual job growth figures by average annual absorption of apartment units, one can forecast absorption rates over time.

We believe this technique bears further study. In the next edition of Valuation Viewpoint, we will investigate the proposed technique and explore additional options in forecasting apartment absorption.

1Volume 37, Numbers 2 and 3, 2012 of the Real Estate Issues Counselors of Real Estate Charles Smith, Ph. D., Rahul Verma, Ph. D., and Justo Manrique, Ph. D.

Office Rents in Downtown Minneapolis and Other Major Markets

By: Chris Stockness

In September 2013, Jones Lang LaSalle released a report on the most expensive streets for office space. Sand Hill Road, in Menlo Park, California, took top honors with an average full service rental rate of $110.76/sf. Nicollet Mall in Minneapolis, Minnesota, was 25th on the list, with an average full service rent of $36.60/sf. Of interest: Nicollet Mall moved up four spots from its 2011 ranking of 29th ($29.27/sf.). In terms of the Midwest, Minneapolis ranked 2nd to Chicago’s Wacker Drive, which was 20th on the list with an average full service rent of $36.62/sf. Detroit came in right behind Minneapolis at 26th ($30.00/sf.). Milwaukee’s Wisconsin Avenue ranked 29th ($28.90/sf.) and St. Louis’s Forsythe Boulevard at 30th ($28.06-sf.). America’s top 10 most expensive streets are all in coastal states.

Rank

Street

Market

2013 Average Full Service Rent on Street ($ PSF)

1

Sand Hill Road Peninsula

$110.76

2

Fifth Avenue New York

$102.02

3

University Avenue Silicon Valley

$94.92

4

Greenwich Avenue Fairfield County

$92.96

5

Pennsylvania Avenue Washington, D.C.

$75.83

6

California Street San Francisco

$62.10

7

Boylston Street Boston

$60.20

8

Avenue of the Stars Los Angeles

$60.12

9

Royal Palm Way West Palm Beach

$58.52

10

Newport Center Drive Orange County

$50.06

11

El Camino Real San Diego

$43.32

12

Congress Avenue Austin

$42.04

13

Arch Street Philadelphia

$40.15

14

Brickell Avenue Miami

$39.09

15

Union Street Seattle

$38.92

16

Louisiana Street Houston

$38.82

17

McKinney Avenue Dallas

$38.55

18

NW Couch Street Portland

$37.00

19

East Las Olas Boulevard Fort Lauderdale

$36.84

20

Wacker Drive Chicago

$36.62

21

Campus Drive New Jersey

$35.65

22

Broadway Oakland-East Bay

$33.96

23

17th Street Denver

$32.78

24

Capital Mall Sacramento

$32.25

25

Nicollet Mall Minneapolis

$30.60

While other markets have seen a range of highs and lows over the years, office rents in the Twin Cities Market and the Minneapolis Central Business District (CBD) have not appreciated significantly in the past thirty-five years. This is due mainly to the availability of development opportunities in nearby first ring suburbs. Because of easy access to major roadways, such as the Interstate 494/694 loop and Interstate 35, supply keeps up with and often outpaces demand. The Minneapolis CBD has experienced major development cycles every 10 to 15 years with the last cycle occurring around the year 2000 and the previous cycle taking place in the late 1980s. During these cycles rental rates waxed, then waned, as more space was placed on the market. As a result, rents have not changed much overall. In contrast, most of the markets at the top of the list are on the east or west coast: locations in areas that are more densely developed, with limited options for new development. Characteristics of the10 most expensive U.S. streets for office space include the following:

  1. Sand Hill Road, Menlo Park, California: $111.00/sf. (-2.5%)
    Historically the most expensive area in Silicon Valley, Sand Hill Road has deep roots with the venture capital community and houses the top VC firms in the greater Bay Area.
  2. Fifth Avenue, Midtown Manhattan, NYC: $102.00/sf. (+5.0)
    Consistently ranked among the most expensive shopping streets in the world, Fifth Avenue is also home to numerous hedge funds looking for top-quality space in Midtown and willing to pay more for those coveted office locations with their unparalleled amenities.
  3. University Avenue, Silicon Valley, Calif.: $95.00/sf. (+14.1%)
    Located in Downtown Palo Alto, University Avenue is known for its vibrant startup community, as its proximity to Stanford University makes it an ideal location for recruiting top young talent.
  4. Greenwich Avenue, Greenwich, Conn.: $93.00/sf. (+3.4%)
    Greenwich Avenue competes with the best commercial real estate, leveraging its rich history preserved through older buildings. Top-shelf retail establishments dot the historically-rich corridor, from the top of the avenue down to the transit center. Hedge fund and financial services firms occupy the majority of office space, with many top executives only steps from their homes. Premier office buildings offer close proximity to train, and command rents as high as $100/sf.
  5. Pennsylvania Avenue, Washington, DC: $76.00/sf. (-5.5%) 
    Despite slower overall market conditions in recent quarters, Pennsylvania Avenue has continued to experience rent premiums. Known as “America’s Main Street,” Pennsylvania Avenue is home to many firms desiring close proximity to Washington’s two main points of power, the White House to the west and the Capitol to the east. Some of the increased growth in tenant demand in recent years has stemmed from the government affairs sector of corporate America.
  6. California Street, San Francisco: $62.10/sf. (+43.9%)
    The main street of the city’s North Financial District, California Street, is known for its historic cable car routes. It is a wide street with high-priced real estate. Growth in technology and associated industries, along with limited new supply, has pushed rents up by almost half over the past two years.
  7. Boylston Street, Boston: $60.20/sf. (+14.3%)
    Boylston Street runs through two of Boston’s most prestigious areas, Back Bay and the Financial District. It is home to numerous landmarks, trophy office buildings, and high-end retail, as well as some of the city’s most distinctive skyscrapers.
  8. Avenue of the Stars, Los Angeles: $60.12/sf. (+1.9%)
    The main thoroughfare in highly-desirable Century City market, Avenue of the Stars is home to many prominent legal and financial service firms and talent firms, as well as the largest cluster of Class A Trophy assets on the Westside.
  9. Royal Palm Way, West Palm Beach: $58.52/sf. (+0.9%)
    Royal Palm Way is dubbed “Banker’s Row” due to the concentration of wealth management and financial services firms, catering to wealthy residents on Palm Beach Island.
  10. Newport Center Drive, Orange County: $50.06 p.sf. (+4.3%)
    Sitting on a bluff overlooking the Pacific Ocean, Newport Center Drive is a 1.3-mile ring that encompasses the Fashion Island retail center. World-class dining and retail amenities along with ocean view suites and access to posh residential neighborhoods make Newport Center Drive one of the most premiere places to rent office space in Southern California.

Estimating Real Estate Taxes

By: Wendy S. Cell and Robert J. Strachota

As the commercial real estate market continues to recover, developers and investors are taking strategic positions in sought-after markets. Estimating real estate taxes is an important component during the due diligence phase of new construction or following the purchase of a property. Shenehon’s unique combination of real estate and business valuation expertise allows us to assist clients in estimating real estate taxes by valuing taxable and non-taxable components.

Real estate taxes vary widely throughout the Twin Cities for many reasons. The primary factors that determine property taxes are the tax levies of the district the property is in, the value of the property relative to the value of all other property in the district, and the use of the property. Real estate taxes are calculated based upon the market value of the property. The market value of the property is determined by the assessor and, quite often, differences are due to their opinions.

When there is a sale of the property in close proximity to the assessment date, the assessor often places great weight on the sale price to determine market value. However, sometimes the sale price is not equal to the market value for assessment purposes. Oftentimes, there are components of the sale price that are not taxable as real estate. For instance, equipment and personal property, financing (favorable or unfavorable), assembled management, tax increment financing, tax-free exchange incentives, eminent domain influences, lease or rent guarantees, and representations and warranties are not real estate. The assessor may not be aware of the various non-real estate components making up the sale price.

We recommend that the components be identified on the certificate of real estate value (CRV). The sale (as it is reported on the CRV) is the foundation for the analysis an assessor conducts on the local market. The CRV includes a place to state the purchase price, itemize personal property and its value, identify the method of financing, and opine and comment on the sale price. Buyers can also include an attachment with additional information. Any adjustments made to the sale price for personal property or business rights should be well-documented. Regardless, there is no guarantee the assessor will deduct the various non-real estate components for property tax purposes. Taxable market value is an assessor’s opinion of market value, and the tax rates are subject to change. If the buyer disagrees with the assessor’s opinion of value, it may be necessary to pursue informal or formal measures. A recent sale is not conclusive of market value, especially where other evidence demonstrates the sale price is above or below market value. Estimating or forecasting real estate taxes is not a mathematical calculation; it is as much an art as it is a science.

Inflation: Your Wallet and the Overall Economy

The Personal Income and Outlays report for April 2013 was recently published by the Bureau of Economic Analysis. According to the data, the year-over-year inflation rate fell to an all-time low of 1.05% based on the core Personal Consumption Expenditures (PCE) price index, which excludes food and energy prices due to their volatile nature. This is the lowest annual core PCE increase ever reported; the previous low of 1.06% was reported more than fifty years ago in March 1963. Including food and energy, inflation was even lower at 0.74%.

Inflation is defined as the rate at which the general level of prices paid for goods and services rises over a period of time. Rising inflation means the cost of goods and services has increased, which leaves the consumer with less purchasing power because every dollar spent will purchase a smaller percentage of a good or service. If low inflation means smaller price increases and greater purchasing power per dollar, wouldn’t such an environment be one we should strive to maintain? Why does the Federal Reserve choose to target inflation at 2.0 percent?

While low inflation allows consumers to purchase more goods with their dollars, its effects extend far beyond the consumer’s wallet and some Federal Reserve officials are worried these conditions could spell trouble for our economy going forward.

Look for a more in-depth analysis in the Summer Issue of Valuation Viewpoint, available August, 2013.

Market Insights

By: Brad Dulas

Despite a new construction pipeline indicating developers will deliver a wave of apartment properties to the region over the next several years, conditions in the Twin Cities apartment market remain tight, as healthy demand continues to support improving operating fundamentals. According to REIS, developers added 1,279 units to the local apartment inventory in 2012, up from 477 units delivered in the year prior and 437 units reaching lease-up in 2010. Further signaling an increase in new apartment construction in the area, multi-family construction permits were issued for 5,719 units in 2012, up significantly from the 1,368 units permitted in 2011. Although new construction activity continues to ramp-up, healthy apartment demand has fostered tight occupancy levels and a solid pace of rent growth throughout the region. According to REIS, average asking and effective rents in the Twin Cities apartment market increased year-over-year by 3.2 percent and 4.3 percent, respectively, at the close of 2012. In near lock step, the average apartment vacancy rate decreased by 20 basis points during this same time period, falling from 2.6 percent in December of 2011 to 2.4 percent in December of 2012.

Some market observers speculate the anticipated wave of new construction could result in softer market conditions, particularly within the core and inner-ring submarkets. Occupancy levels in the local apartment market, however, are among the highest in the nation, and vacancy rates in the Twin Cities apartment market have remained resilient in the face of macroeconomic headwinds over the last several years, barely exceeding the market equilibrium of 5.0 percent even at the peak of the recent economic downturn. While average vacancy rates may tick upwards within some submarkets in the near-term as a result of the surge in new construction activity, we believe the local apartment market has the wherewithal to weather the storm in a reasonably impressive fashion. Factors indicating the local market will remain strong include the steady stream of apartment demand supported by broad-based employment growth, encouraging demographic trends, and the region’s relatively youthful population. Moreover, recent gains in the local for-sale residential sector are likely to keep some potential buyers from entering into homeownership. According to the National Association of Realtors, the median single-family home sale price in the Minneapolis-St. Paul Metropolitan Area increased by 15.7 percent over the year ended in the fourth quarter of 2012, reaching $175,300 at the close of 2012. In comparison, as of the fourth quarter of 2012, the median single-family home sale price in the Chicago Metropolitan Area stood at $167,400, while the median home sale price in the Kansas City Metropolitan Area was recorded at $146,600. As sale prices in the for-sale residential sector increase, more entry-level buyers will be unable to afford or qualify for a home mortgage and remain in the renter pool as a result.

Tight market conditions and an overall positive market outlook have encouraged a high level of investment interest and activity in the Twin Cities apartment market. A relatively robust pace of sales transactions showed no indications of waning in the final six months of 2012 and through the first quarter of 2013. On an annual basis, according to transactions tracked by Shenehon Company, sales volume for 50+ unit market-rate apartment properties in the Twin Cities increased by 23.4 percent in 2012, while the average price per unit increased by 14.4 percent during this same time period, reaching nearly $90,000 per unit. Although cap rates may pull back slightly for lower-tier product, investor appetite for multi-family assets in the greater Twin Cities region is expected to remain essentially unchanged, through the near-term, due to attractive financing opportunities and strong market fundamentals. A bullish outlook from investors is likely to keep cap rates in the low- to mid-5 percent range for the most desirable assets with quality Class B and C assets trading at rates between approximately 50 to 150 basis points higher. Rising building costs are also forecasted to help maintain a comparatively low cap rate environment in the market, preventing sale prices on a per unit basis from bumping up against replacement cost.