BLOG: Property Tax Appeal
Court Rejects Another Attempt To Deny Farmland Assessment
For the second time in a little over month, the New Jersey Tax Court upheld a property owner’s protections under the Farmland Assessment Act of 1964. Plaintiffs own 39.27 acres of which 38.27 acres of the parcel were farmland assessed. In 2009, the plaintiffs filed an application for farmland assessment for the 2010 tax year. After... Read More
Tax Appeal Pilot Program Signed Into Law
Earlier this month, N.J. Governor Chris Christie signed into law S-1213/A-1591 which creates an “Assessment Demonstration Program” that could substantially change the property tax assessment and appeal process in New Jersey. The law was intended to determine if a more cost-effective and accurate property tax administration process could be achieved. a program referred to as... Read More
NJ Supreme Court: Failure to Name Correct Plaintiff Not Fatal to Tax Appeal
In July 2007, hotel operator WIH entered into a sublease agreement with Bocceli, LLC, who then became responsible for property tax payments on the subject property as part of an underlying long-term lease. In April 2008, the managing member of Bocceli visited the Township’s tax collector’s office to make a tax payment, and request that... Read More
Underwater Mortgage Plan Rejected by County That First Proposed It
Citing lack of public support, the California County that first considered using eminent domain to seize control of private residential mortgage-backed securities with the intent of cutting the principal balances of negative-equity borrowers has publicly announced its decision against that course of action. Under the original proposal, Mortgage Resolution Partners would find institutional investors willing... Read More
Raw Deal by County Tax Board Overturned by Tax Court
In Schaefer v. Borough of Chatham the Tax Court went on record with its concern that dismissals for lack of prosecution (“LOP”) by county tax boards “occur with much too great frequency” when this power was intended to be wielded sparingly. The County Tax Board rules provide that an appeal may be dismissed LOP where... Read More
No Second Bite at the Apple for Taxpayer
Following a revaluation by defendant West Caldwell, a pro se plaintiff successfully challenged the assessment of his property before the Essex County Board of Taxation. Unsatisfied with his success, he then appealed for a further reduction to the Tax Court. At trial, both parties provided comparable sales information which was rejected by the Tax Court. A... Read More
Assessment Presumed Valid – Another Taxpayer Bites the Dust
A recent New Jersey Tax Court case affirmed the long-standing principle that a taxpayer has the burden of proving that the property tax assessment is erroneous. A Monroe Township property owner appealed the judgment of the Middlesex County Board of Taxation to the Tax Court to challenge the affirmance of his 2009 assessment. Much... Read More
Taxpayers Strikeout in Chapter 91 Doubleheader
In two separate opinions issued on the same day, New Jersey Tax Court Judge Nugent dismissed two tax appeals because the respective taxpayers failed to respond to the assessor’s request for income and expense information pursuant to N.J.S.A. 54:4-34, also known as “Chapter 91”. In these cases, the taxpayers relied on arguments that have historically... Read More
Retail Landlord Prevails on Right to Control Tax Appeal
A recent decision by the New Jersey Tax Court has examined the limits of a commercial tenant’s right to control a property tax appeal on property which it leases. Target Corp., one of six tenants at a retail strip mall, filed complaints challenging the assessments on the property for tax years 2009 and 2010. The... Read More
Property Damaged By Sandy? Here’s What to Expect if FEMA Inspects the Property
If you have real estate that was damaged by Hurricane Sandy, and have made or plan to make a claim to FEMA for storm-related payments or benefits, you should be aware that applying for disaster-related assistance will trigger an inspection by FEMA personnel. While many affected by the storm may only have limited access to... Read More
