BLOG: Property Tax Appeal

Federal Agency Releases New Appraisal Guidelines for Financial Institutions

by: Anthony F. Della Pelle
23 Dec 2010
 Financial institutions have new guidelines to follow when conducting real estate appraisals and evaluations.  The Interagency Appraisal and Evaluation Guidelines, which replace the 1994 guidelines, explain the minimum regulatory standards for appraisals.  Highlights from the Guidelines and its appendices include:   * recognizing that a borrower’s ability to repay real estate loans according to reasonable terms... Read More

Farmland Assessment Practices Growing Concern for Two Senators

by: Anthony F. Della Pelle
21 Dec 2010
 An article in the Asbury Park Press highlights the efforts of Senate President Stephen M. Sweeney, D-Gloucester, and Sen. Jennifer Beck, R-Monmouth, to end alleged abuses of the farmland assessment system  in New Jersey.  New Jersey law currently requires a minimum of five acres and $500 in sales to qualify for the reduced tax assessment.  Possible... Read More

Mercer County Board of Taxation Orders Four Municipalities to Undertake Revaluations

by: Anthony F. Della Pelle
17 Dec 2010
 The Mercer County Board of Taxation  is requiring Trenton, Hamilton, Ewing and Lawrence Township to undergo revaluations for the first time in over 15 years to align assessment values.  Property tax assessments are tied to market values, which means that a property’s assessment should equal what it would sell for in the marketplace.  A lack of... Read More

Property Owner Keeps Tax Abatement After Municipality Failed to “Turn Square Corners”

by: Anthony F. Della Pelle
6 Dec 2010
 The New Jersey Tax Court recently rejected the City of Millville’s  argument that a five-year tax exemption and abatement awarded by the City’s tax assessor and ratified by its governing body should be rescinded because the property owner filed for the abatement four days late.  The property houses a Lowe’s Home Center, and is located in... Read More

Appeals Court Denies Request for Expert’s Records

by: Anthony F. Della Pelle
22 Nov 2010
A recent New Jersey appeals court has ruled that a litigation expert’s financial records are not subject to disclosure.  This holding could impact eminent domain and real estate tax appeal litigation because both practices rely on expert opinions to establish a property’s value.  In the case in question, a plaintiff’s attorney in a personal injury case requested information from... Read More

Monroe Township Ordered to Undertake Revaluation

by: Anthony F. Della Pelle
9 Nov 2010
The Tax Court of New Jersey recently granted an application by approximately 1,000 Monroe Township property owners which will require the Township to undertake a municipal property tax revaluation.  The plaintiffs claim that the “Chapter 123” equalization ratio for the Township is skewed and discriminatory based on the Township’s failure to properly categorize sales between 2001 and 2005. ... Read More

Contaminated Property Would Be Assessed As-If Remediated Under Proposed Legislation

by: Anthony F. Della Pelle
25 Oct 2010
New Jersey Assemblyman Craig J. Coughlin  has sponsored bill A-3179 in the New Jersey Assembly. The bill, if adopted as introduced, would require that “the true value of a parcel of real property contaminated with a hazardous substance . . . shall be its value as if it were remediated .” Under current New Jersey case... Read More

Rise in Appeals Causes Municipal Budget Crunch

by: Anthony F. Della Pelle
5 Oct 2010
New Jersey municipalities are facing serious budget deficits, as they experience the fallout of reduced property tax revenues resulting  from a record number of property tax appeals filed in recent years.   Property owners who are successful in tax appeals are entitled to refunds under New Jersey law.  These refunds have created troublesome deficits at the... Read More

Newark Church Denied Property Tax Exemption

by: Anthony F. Della Pelle
3 Oct 2010
Church Not Exempt and Subject to Foreclosure for Failure to Pay Taxes A New Jersey appellate court has affirmed a trial court’s ruling that will allow the City of Newark  to foreclose on a warehouse property owned by Yes Lord Ministries, Inc.  Yes Lord, a religious organization qualified for exemption from the payment of taxes under federal law... Read More

Property Owner’s Appeal Dismissed for Failure to Follow Court Rules

by: Anthony F. Della Pelle
17 Sep 2010
The Appellate Division affirmed a New Jersey Tax Court judge’s decision to dismiss a property tax appeal for lack of prosecution after the property owner failed to offer any proofs to establish fair market value at trial.  The property owner, a practicing attorney with 30 years of experience, argued that the taxes should be lowered... Read More