Verifying Google Earth Evidence: A Legal Puzzle

The debate over admitting Google Earth satellite imagery as evidence in legal proceedings has amplified due to skepticism surrounding the technology's authenticity. A recent viewpoint article titled "Evidentiary Issues with Google Earth Images in Property Claims" published in Claims Journal (https://www.claimsjournal.com/news/national/2023/05/30/317210.htm) explores the challenges this creates for residential real estate appraisers relying on these images.

The issue stems from concerns about the accuracy of automatically generated date/time stamps and labels within Google Earth. While providing a valuable aerial perspective, judges are increasingly demanding proof that these markers weren't digitally altered or manipulated, as highlighted in the Claims Journal article. The rationale? Courts are now cautious about simply accepting computer-generated data as fact, as it could unfairly influence legal cases.

For appraisers leveraging Google's mapping tools, substantiating value conclusions might have just become harder. Tracking a property's condition over time or identifying pre-existing damage, previously as simple as presenting relevant dated images, may now require jumping through the hoops outlined in the article. Potential solutions that have been floated include testimony from Google programmers or independent witnesses to verify the image details. Having to get that level of evidence isn't exactly practical for most appraisers.

Some jurisdictions have tried sidestepping the situation by allowing judicial notice of Google imagery, provided opposing parties receive an advance notice (judicial notice allows a court to accept certain facts as true without requiring formal evidence). But that path isn't guaranteed, nor is it a complete solution for the authenticity concerns that have been raised. Consequently, appraisers may face challenging demands to prove the reliability of imagery that was once accepted with minimal or no scrutiny.

The moral of the story? As the Claims Journal article emphasizes, the burden of validating its information continually evolves as technology disrupts our historical practices. For appraisers operating where aerial property data is pivotal to producing reliable reporting results, managing that responsibility requires foresight and some adaptability. Keeping detailed records, following the general best practices, and staying abreast of legal trends that impact tools of the trade has never been more crucial.

With the increasing use of Google Earth imagery within real estate appraisals, appraisers might need to be prepared to properly verify and authenticate the images if they want to use them as support.