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City of Elizabeth Ordered to Pay Motel Owner from Environmental Escrow

by: Anthony F. Della Pelle
3 Mar 2010
The City of Elizabeth was recently ordered by New Jersey Superior Court Judge Kathryn A. Brock to permit the release of more than $350,000 to the former owner of a motel seized under eminent domain.   The monies had been held in a  Superior Court escrow account to provide funding for environmental cleanup of the property. The City acquired the... Read More

2010 Property Tax Filing Deadline One Month Away

by: Anthony F. Della Pelle
1 Mar 2010
APRIL 1, 2010 FILING DEADLINE LOOMS In today’s challenging economic climate, owners, operators and property managers of commercial, industrial and other investment properties may look to reduce real estate tax expenses by considering whether to appeal their 2010 local property assessments.  On or about February 1, 2010, the local tax assessor in every municipality across... Read More

Owners' Approvals and Improvements Upheld as Relevant in Jury Valuation

by: Anthony F. Della Pelle
26 Feb 2010
A New Jersey appellate court recently rejected an attempt by the the New Jersey School Construction Corporation’s (“NJSCC”) to reverse a trial court judge’s decision permitting the jury to consider evidence of zoning board approvals and property improvements for purposes of determining just compensation at the trial concerning the NJSCC’s condemnation of the owners’ commercial property.  The trial... Read More

Appeals Court Affirms Dismissal of Case as Time Barred

by: Anthony F. Della Pelle
25 Feb 2010
New Jersey Appellate Division Affirms Dismissal of Appeal Filed Out of Time A New Jersey appellate court affirmed the dismissal of a 2006 property tax appeal that was filed five months past the statutorily mandated filing date.  The court rejected the plaintiff’s contentions that the tax assessor’s certification and bulk mailing postage statement were insufficient to... Read More

Appeals Court Denies Relocation Benefits to Bloomfield Property Owner

by: Anthony F. Della Pelle
25 Feb 2010
A New Jersey appellate court affirmed the denial of relocation benefits to a former property owner (Jeanny Sung Koo) in a redevelopment area in the Township of Bloomfield after she signed a lease to relocate to a new location where an initial offer to purchase her property had been made, and negotiations ensued, but the project stalled.  The... Read More

Appellate Division Rejects Property Owners' Due Process Claims in Redevelopment Case

by: Anthony F. Della Pelle
10 Feb 2010
A New Jersey appellate court recently rejected certain property owners’ claims that city officials violated their procedural and substantive due process rights by frustrating plaintiffs’ business ventures in connection with a local redevelopment plan and project. In Sandone v. Park, A-6346-07 (App. Div. February 2, 2010), the Appellate Division affirmed the trial court’s dismissal of the owners’ complaint challenging... Read More

New Jersey Legislature Introduces Bill to Address Loss of Business, and Resolution Proposing a Constitutional Amendment to Limit Takings

by: Anthony F. Della Pelle
9 Feb 2010
The New Jersey State Legislature introduced two proposed bills on February 4, 2010, to address compensation and “public purpose” issues.  SCR63 would amend Article VIII, Section III, paragraph 1, of the New Jersey Constitution, to remove “[t]he clearance, replanning, development or redevelopment of blighted areas” as a public purpose, while more narrowly defining a public... Read More

Trial Court Permits Redevelopment Challenge in West Windsor Despite Timeliness Objection

by: Anthony F. Della Pelle
28 Jan 2010
 Mercer County Assignment Judge Linda R. Feinberg issued an opinion finding that the notice requirements in Harrison Redevelopment Agency v. DeRose, 398 N.J. Super. 361 (App. Div. 2008), applied to a redevelopment study adopted by the Township of West Windsor for its Princeton Junction Redevelopment Area.  In IC/L-A Washington Road v. Twp. of West Windsor,... Read More

DiCICCO CRAFTING LEGISLATION TO BETTER INFORM PROPERTY TAXPAYERS ABOUT APPEAL PROCESS | Politicker NJ

by: Anthony F. Della Pelle
28 Jan 2010
DiCICCO CRAFTING LEGISLATION TO BETTER INFORM PROPERTY TAXPAYERS ABOUT APPEAL PROCESS | Politicker NJ.... Read More

Governor Corzine Signs Bill Limiting Tax Court Filings and Reducing Notice Requirements

by: Anthony F. Della Pelle
24 Jan 2010
On January 16, 2010, Governor Corzine signed tax appeal legislation adopted by the Legislature into law as L. 2009, c. 251, which amended N.J.S.A. 54:3-21 and 54:4-23 effective immediately.  The new law, discussed last month in the New Jersey Property Tax Law Blog, would modifies the powers granted to tax assessors, while also raising the... Read More