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Proposed Legislation Could Impact Relocation Assistance
Bills introduced in both the Assembly and the Senate would make various changes to the process used when the Office of Administrative Law (OAL) hears a contested case involving certain state agencies. The bill would permit the Director and Chief Administrative Law Judge of the OAL, and administrative law judges (ALJ) to issue oral decisions under... Read More
Can Business Goodwill be Recovered in Eminent Domain Cases?
“Recovering Business Goodwill in Condemnation Cases” was published by the ABA Section of Litigation–Condemnation, Zoning & Land Use Litigation Committee in its Winter 2011 edition. The article examines case law and statutes from across the United States to discuss common exceptions to the general rule that a business may not recover “profits” after its property... Read More
Tax Exemption does not require “lawful use” under zoning ordinance
A New Jersey appellate court reversed a State Tax Court judge’s opinion by holding that N.J.S.A. 54:4-3.6 does not require that a property be used in a manner permitted by a municipality’s zoning ordinance. The subject property consisted of a two and one-half story home which had previously housed nuns in connection with an adjoining school. ... Read More
Asbury Park Asks Judge to Cancel Redevelopment Contract
Asbury Park has filed legal papers seeking to cancel its contract with the redeveloper for its waterfront redevelopment project. The two parties appeared in court last week to plead their cases. Asbury Partners claims the matter must go to arbitration under the terms of the agreement, but the City claims that Asbury Partners inability to redevelop... Read More
New Jersey Back on Board with New “Gateway Tunnel” Project?
Amtrak announced it will spend $50 million to study a new Hudson River tunnel project expected to cost $13.5 billion. The two-tunnel “Gateway” project was fast-tracked after New Jersey Gov. Chris Christie canceled a similar rail project last fall. New Jersey’s two United States Senators attended the announcement, and Governor Christie was thrilled that New... Read More
Tax Appeal Seminar to Feature McKirdy & Riskin Attorneys
McKirdy & Riskin partners Thomas Olson and Anthony DellaPelle will be featured as panelists, along with appraiser and builder David Bossart, at an upcoming seminar sponsored by the Community Builders and Remodelers Association: “Real Estate Tax Appeals: Reducing Property Taxes in a Down Real Estate Market — What you need to know about appealing your property tax... Read More
Taking from the Takers? California Budget Would Eliminate Redevelopment Agencies
California’s governor Jerry Brown is proposing to eliminate the over 400 redevelopment agencies that currently exist in California to redirect part of the revenues to other state and local services. The move has brought praise from property rights advocates, but protests from redevelopers and municipalities relying on funding and services that redevelopment agencies provide. The... Read More
Eminent Domain Moves from Front Page to Big Screen
The use and abuse of eminent domain has grabbed headlines across the country after the United States Supreme Court released its 2005 opinion in Kelo v. City of New London. Now eminent domain is taking over the big screen, with two movies focusing on the impacts that eminent domain can have upon a neighborhood and... Read More
Kearny Tax Structure Upheld on Appeal
Property Owners’ Due Process Rights Not Violated by Kearny Tax Structure A New Jersey appellate court has affirmed a Tax Court judge’s decision to dismiss a trade association’s complaint against the Town of Kearny. Plaintiffs argued that Kearny’s tax structure imposed charges for withheld services and created excessive assessments. Their complaint alleged Kearny’s tax structure was arbitrary... Read More
Stimulus Bill Analyzed by New Jersey Future
Summary Released on Effectiveness of New Jersey Stimulus Legislation to Aid Redevelopment A summary released by a New Jersey think tank makes suggestions on how to improve Assembly Bill 4084 which was adopted by the Legislature in 2009. The bill, available here in its pamphlet law form, sought to improve New Jersey’s economic climate through... Read More
