Edition 2020 Ninth edition
Valuation of public property — The sale of public land must be considered in line with the private vendor test. 2.1.4.10
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2.1.4.9.
Valuation of public property — The sale of public land must be considered in line with the private vendor test. 2.1.4.10. The application of this MEO test depends on the available information. In this context, a distinction should be made between situations in which the transaction's compliance with market conditions can be directly estab- lished through transaction-specific market data and situations in which, due to the absence of such data, the transaction's compliance with market conditions has to be assessed on the basis of other available methods. 2.1.4.11. The compliance with market conditions can be directly established through transaction-specific market information (i) where the transac- tion is carried out "pari passu" by public entities and private operators or (ii) where it concerns the sale (or other comparable transactions) of assets carried out through a competitive, transparent non-discriminatory and unconditional tender procedure in line with the principles of the TFEU on public procurement. In such cases, if the specific market information con- cerning the transaction shows that it does not comply with market condi- tions, it would not normally be appropriate to use other assessment meth- odologies to reach a different conclusion. 2.1.4.12. If a transaction has not been realised through a tender or if the interven- tion of the public bodies is not "pari passu" with that of private operators, this does not automatically mean that the transaction does not comply with market conditions. In such cases compliance with market conditions can still be assessed in the light of the terms under which comparable transactions carried out by comparable private operators have taken place in comparable situations (benchmarking) or on the basis of a standard European Valuation Standards 2020 VII. European Union Legislation and Property Valuation 341 assessment method. According to the European Commission, "such a methodology must be based on the available objective, verifiable and reli- able data, which should be sufficiently detailed and should reflect the eco- nomic situation at the time at which the transaction was decided, taking into account the level of risk and future expectations". The appropriate as- sessment methodology may also depend on the market situation, data availability or the type of transaction. In this context, the European Com- mission underlines that "in the case of sales of land, an independent expert evaluation prior to the sale negotiations to establish the Market Value on the basis of generally accepted market indicators and valuation standards is in principle satisfactory". Download 1.74 Mb. Do'stlaringiz bilan baham: |
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