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Does Eminent Domain Require Compensation? Key Facts You Should Know
Does eminent domain require compensation? This is a critical question for property owners facing the possibility of government seizure of their land. Eminent domain is a powerful tool used by the government to take private property for public use, but it comes with complex legal implications. Understanding whether you are entitled to compensation, and how... Read More
How to Appeal Your New Jersey Property Tax Assessment
Property owners in New Jersey typically receive their final tax bills each year in July or August. This causes many to evaluate their property tax burden and to determine if they can save money by filing a property tax appeal. Although many property owners may believe that their property tax assessments are set in stone,... Read More
Tax Court Denies City’s Motion to Dismiss for Lack of Prosecution
The Tax Court recently denied a motion by the City of Ventnor to dismiss an appeal brought by a property owner from a judgment of the Atlantic County Board of Taxation. The City claimed the owner failed to prosecute the tax appeal before the County Board when its counsel appeared, but presented no evidence and... Read More
Tax Court Denies Subpoena Request
A recent Tax Court decision concerned a subpoena regarding a non-party’s appraisal report and income and expense information relating to a 2018 property tax assessment. In Township of Gloucester v. Lakeview Realty Investment Associates, the court denied the municipality’s motion to direct a non-party bank to produce the above information, citing its relevance and plaintiff’s... Read More
Your TIN, Not Mine!
A recent Tax Court opinion focused on a technical issue not normally involved in a real estate tax appeal matter. New Jersey Tax Court Judge Jonathan A. Orsen, J.T.C. held that a tax refund check payable to an attorney trust account should be registered to the attorney’s taxpayer identification number (TIN), not the party’s TIN,... Read More
The Cost Approach: Hard Costs vs. Soft Costs in the Context of Tax Appeals
New home constructions often require that the property tax assessment which is then placed on a property be carefully examined. Generally, property assessments for the following year are set forth by the municipal assessor on October 1. However, if an improvement of a structure is completed after the regular assessment date of October 1, and... Read More
PennEast Pipeline Under Appeal to Federal Circuit Court of Appeal
On August 10, 2018, FERC issued an Order Denying Requests for Rehearing on its grant of a Certificate of Public Convenience and Necessity to PennEast Pipeline, LLC.2018-8-10 FERC Order Denying Rehearing. On August 13, 2018, New Jersey Conservation Foundation and Delaware Riverkeeper appealed. FERC issued its Certificate for the PennEast Pipeline in January of this... Read More
Catch 22: Court to Reexamine Williamson County and Federal Fifth Amendment Taking Rights
In Knick v. Scott, the United States Supreme Court will be analyzing a local ordinance adopted by the Township of Scott, Pennsylvania, which provides public access to cemetery properties. According to the ordinance, even if the cemetery is on private property, the property owner must allow public access onto the property to permit the public... Read More
Not Timely Enough: Township’s Chapter 91 Motion to Dismiss Denied after Request Sent too Late
Chapter 91 has proved to be an effective tool for municipalities to protect themselves from tax appeals. Chapter 91 provides that when a municipality sends a request for income and expense information to a property owner pursuant to the statute, the owner must respond within forty-five days. If the property owner does not respond within... Read More
Doughnut and Coffee With Reversal and Remand
The Appellate Division reversed and remanded a decision of the Tax Court that affirmed the assessment on a Dunkin Donuts property in the City of Elizabeth. The appellate court found that the lower court erred by relying on evidence not in the record. Plaintiff’s appraiser utilized the income capitalization approach to appraise the property. In... Read More
