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A state statute governing eminent-domain appraisals conflicts directly with a specific USPAP requirement. What does USPAP provide for this situation?

Correct Answer

B) The Jurisdictional Exception Rule sets aside only the conflicting part

Why this is correct: The Jurisdictional Exception Rule states that if a law or public policy directly conflicts with a USPAP requirement, only the conflicting part of USPAP is set aside. The appraiser must comply with the law and disclose the exception in the report. Why the other choices are wrong: The appraiser does not have to decline all work. USPAP does not always override state law; the exception applies. The appraiser cannot choose based on payment. Exam tip: When law and USPAP clash, follow the law, disclose the exception, and apply the rest of USPAP.

Answer Options
A
The appraiser must decline all condemnation work
B
The Jurisdictional Exception Rule sets aside only the conflicting part
C
USPAP as a whole always overrides conflicting state statutes entirely
D
The appraiser chooses whichever rule pays better

Why This Is the Correct Answer

Why this is correct: The Jurisdictional Exception Rule states that if a law or public policy directly conflicts with a USPAP requirement, only the conflicting part of USPAP is set aside. The appraiser must comply with the law and disclose the exception in the report. Why the other choices are wrong: The appraiser does not have to decline all work. USPAP does not always override state law; the exception applies. The appraiser cannot choose based on payment. Exam tip: When law and USPAP clash, follow the law, disclose the exception, and apply the rest of USPAP.

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