BLOG: Property Tax Appeal
Taxpayer Clears One Hurdle But Trips Over Another
In Keen v. Township of Pennsville, which involved a challenge to the 2011 tax assessment on a commercial property, the New Jersey Tax Court recently held that plaintiff proffered sufficient evidence to overcome the “presumption of validity” that attached to the $808,600 assessment on the property under appeal. However, because plaintiff’s expert made no adjustments... Read More
NJ Assembly Unanimously Approves Bill Allowing Redevelopment Without Eminent Domain
Yesterday, the New Jersey State Assembly unanimously approved legislation that codifies important redevelopment case-law, and provides municipalities with an option to undertake local redevelopment projects without using eminent domain. The bill, A-3615, sponsored by Assemblymen Coutinho, Bucco and Munoz, has a Senate companion, S-2447, and shares some of the provisions which had been included in earlier legislative... Read More
Town’s Failure to Treat Property Owner Fairly Leads to Reversal by Appellate Division
A New Jersey appellate court recently reversed a trial court’s dismissal of a tax appeal, and found that the City of North Wildwood failed to act fairly in litigation with the property owner. The property at issue is improved with a seven-story mixed-use tower, a 160-slip marina and a 3900 square-foot marina services building, and... Read More
False response to Chapter 91 request dooms tax appeal
In another loss for taxpayers, the New Jersey Tax Court granted a municipality’s request to dismiss a tax appeal on Chapter 91 grounds. N.J.S.A. 54:4-34, also known as “Chapter 91” permits the municipal tax assessor to request from owners of income producing property certain income and expense information. The failure to respond or respond accurately... Read More
Experts’ Opinions Accepted Over Town’s Objections
Plaintiff Route 21 Associates challenged the assessments imposed by Defendant Township of Belleville on vacant land for tax years 2008, 2009, and 2010. The matter was scheduled for trial where the Tax Court accepted each party’s two witnesses as experts, one in real estate appraisal and one in environmental remediation, and admitted their reports into... Read More
Municipality cries foul over tax appeal refunds
The Township of Teaneck does not want to go it alone anymore in issuing refunds to property owners who are successful in challenging their property tax assessment. Citing the “inequitable burden” such refunds place on municipal government, the Teaneck Township Council passed a resolution calling for a change in State law to require counties and... Read More
Bill would provide tax relief for towns purchasing properties for flood relief
Under a bill approved and amended by the Senate Community and Urban Affairs Committee, flood-prone properties acquired by municipalities after Superstorm Sandy would be exempt from county, school, and fire district taxes for the following tax year. A companion bill was introduced in the Assembly under bill number A3362. Currently, if a municipality acquires a... Read More
Another Bite at the Apple For Taxpayer?
New Jersey Tax Court Judge Mala Sundar recently agreed to reinstate a commercial property taxpayer’s appeal which had been dismissed for lack of prosecution. The plaintiff taxpayer appealed its property tax assessment on property located in the City of New Brunswick for the 2009 and 2010 tax years, but failed to serve its appraisal report... Read More
Atlantic City Owners to Feel the Sting of Casino Tax Reductions
The latest impact of the many successful property tax appeals by Atlantic City’s casinos is about to hit the rest of Atlantic City’s taxpayers where it hurts. Preliminary budget information introduced by the City last month indicates that homeowners may be burdened with increases in their property tax bills by more than 20%. According to... Read More
Eminent Domain Bill Clears Senate Committee, Would Update Redevelopment Procedures
Legislation that would rework some of the procedures used by local governments to their redevelopment powers cleared a State Senate committee earlier this week. The bill, S-2447, codifies certain protections to property owners which were decided in court decisions in recent years, and also would provide a negotiation alternative to using eminent domain in local redevelopment... Read More
