Weber (2002) summarizes the implications of valuing contaminated land in light of the U.S. Supreme Court case of Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993) in which it was decided that expert witnesses would have to make use of scientific methods, if applicable, in order for their testimony to be admitted into the court. Hoyt and Aalbers (1997, 2001) discussed the fact that it is applicable to appraisers.

 

The problem is that appraisers rejected scientific methods in favor of heuristic methods.  The reliance of sales comparison for the valuation of brownfields is highly unreliable for the reasons listed in 'Why Sales Comparison Fails.'  The U.S. EPA recommends the use of  Bayesian statistics to statistically quantify the existence, location and extent of subsurface contaminants.  Weber (2005) also used a form of Bayesian statistics, Bayesian econometrics, in order to solve Redeveloper Problem 1.  Such statistics should also be used in the courts.