BLOG:
Even in Bankruptcy, Prior Owner’s Failure to Respond to Ch. 91 Request Not Excused
The Tax Court once again dismissed an appeal for taxpayer’s failure to provide income and expense information pursuant to the municipality’s Ch. 91 request. In 975 Holdings, LLC v. Egg Harbor City, the prior owner of the subject property had filed for bankruptcy under Chapter 11 and plaintiff acquired the subject property in a bankruptcy... Read More
SCOTUS Rejects Bright-Line Rule, Adopts a Multifactor Standard in Relevant Parcel Analysis
In the context of regulatory takings, issues often arise in identifying what the actual property consists of before the taking. Because the test for regulatory takings require the courts to compare the value that has been taken from the property with the value that remains in the property, one of the critical components in the... Read More
State Law Held to Apply in Federal Court Pipeline Taking
A Florida Federal District Court judge court recently held that Florida’s state eminent domain laws should be applied to a taking by a private pipeline company which relied upon the Natural Gas Act, federal law which allows private companies to use eminent domain in the federal courts “in matters relating to the transportation of natural gas... Read More
Omitted Assessment Tossed — “Error” in Setting Value Not an Erroneous Omission
New Jersey’s omitted assessment law allows a municipal tax assessor to go back one year in the event an assessment on a property was inadvertently omitted from the tax rolls (Yes, it does happen. I once had a client that owned an office building that was assessed at over $4 million for which the assessment was simply... Read More
“Hotel for Pets” Is Deemed Not Income-Producing
The Township had a bone to pick with plaintiffs who filed appeals of a property that consisted of a pet boarding kennel. In Pittius v. Old Bridge Twp., the subject property consisted of one residential improvement and another improvement which consisted of a boarding kennel for animals. The property is classified as a 4A (commercial)... Read More
Property Owner’s Second Bite at the Apple Not So Tasty as the First
A New Jersey appellate court just affirmed the denial of property owner’s challenge to a condemnation premised on a failure of pre-complaint bona fide negotiations. Montclair v Cerino 2017 a0753-15. The Township of Montclair had previously commenced a condemnation action to acquire a property along Valley Road that was used by the property owner to store... Read More
Rite Aid Goes the Wrong Way In Tax Appeal
In a recent opinion the New Jersey Tax Court affirmed the assessment on a Rite Aid pharmacy for tax years 2009 and 2010 after rejecting every aspect of the testimony offered by its appraiser. The Court found that the appraiser for the Borough of Roselle offered a more credible opinion of value. Rite Aid’s appraiser... Read More
Property Owners Protest Penn East Pipeline at Delaware RiverKeeper Meeting
Legions of property owners turned out in opposition to the proposed Penn East Natural Gas pipeline at the at the quarterly meeting of Delaware River Basin Commission. Reported here. The general comments were consist with those of Doug O’Malleym director of Environment New Jersey: “PennEast is trying to peddle a pipeline to the residents of... Read More
Taxpayers’ Reliance on MLS to Find Market Value Rejected
A real property trial was held in Reznick v. Twp. of Marlboro wherein plaintiffs challenged their residential property tax assessment. Plaintiffs had initially filed to the Monmouth County Board of Taxation which reduced the assessment from $909,000 down to $862,000. Plaintiff thereafter appealed to the Tax Court seeking a reduction of the assessment to $800,000.... Read More
Property Tax Exemption Not Dependent Upon Frequency of Use
Recently, the plaintiff in Holy Trinity Baptist Church v. Trenton successfully voided an added assessment imposed by the City and also retained its property’s tax exemption for the entire property. The property at issue was two-story building in Trenton being used for charitable and religious purposes. The first floor was used for services, prayer meetings,... Read More
