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Seasons Greetings – Easements and Partial Takings
Property has often been described as a bundle of rights, and narratively depicted as a bundle of sticks. I was recently preparing to try a case involving an easement taking, which was resolved at the 11th hour as many cases do. Thinking about how best to present the case to a jury, a recurring thought... Read More
Unambiguous PILOT Agreement Upheld by Appellate Division
A unique characteristic of an “area in need of redevelopment” under the Local Redevelopment and Housing Law is that our State Constitution allows properties in the area to be exempted from real property taxation, and instead subject to long-term tax abatements for payments “in lieu of taxes” under agreements between the property owner and the... Read More
7th Cir. Axes “Judicial Takings” Theory in Lakefront Property Case
The Seventh Circuit U.S. Court of Appeals decided an interesting takings case this past cycle which involved several Indiana properties that abut Lake Michigan. In Pavlock v. Holcomb, the property owners asserted a relatively novel “judicial takings” theory that was ultimately rejected by the panel. The Court held that the lakefront owners could not sue... Read More
NEW JERSEY ANCHOR PROGRAM DEADLINE EXTENDED AND ELIGIBILITY EXPANDED
Back in June 2022, and again in September 2022, we informed you of a big change coming to the New Jersey property tax scene, the ANCHOR program (Affordable NJ Communities for Homeowners and Renters). Designed as a replacement to the Homestead Rebate Benefit program, ANCHOR officially kicked off in September with mailers being sent to... Read More
New Senate Bill Looks to Revise Personal Property Tax on Telecommunications Infrastructure
On October 17, 2022, State Senator Holly Schepisi introduced Bill S3209, a bill designed to revise the State’s Business Personal Property Tax as it is applied to telecommunications infrastructure. This bill, which is still pending before the Senate Community and Urban Affairs Committee, would remove some language from the current law which has been the... Read More
U.S. Tax Court Addresses Conservation Easement Valuation
Conservation Easement Valuation & The U.S. Tax Court On October 17, 2022, the United States Tax Court rendered a forty-three (43) page opinion in Champions Retreat Golf Founders, LLC, Riverwood Land, LLC Tax Matters Partner v. Commissioner of Internal Revenue (hereafter “Champions Retreat”) that established the valuation for the conservation easement that was donated in... Read More
SCOTUS Locks Crosshairs on Key Property Rights Issue
Although our blog primarily focuses on eminent domain related issues in the courts, our ears perk up whenever the High Court decides to clarify a significant property rights issue. In Wilkins v. United States, No. 21-1164, the Supreme Court is scheduled to hear argument on November 30, 2022, regarding the following question presented: Two Montana... Read More
Was Eminent Domain “Made in America”? Upstate NY Residents Soon To Find Out
Nearly 20 years after the United States Supreme Court issued its controversial opinion in Kelo v. City of New London, an economic development project near Syracuse, New York has residents wondering whether their homes and businesses will be taken by eminent domain in order that a computer chip factory can be built by Micron, one... Read More
Trenton Mayor vs. City Council: Who Controls the Creation of a Redevelopment Agency?
In Mercer County, there is a lawsuit heating up between the Trenton City Council and Mayor Reed Gusciora over the creation of a new redevelopment agency. The City Council kicked off the lawsuit in April 2022 with a Verified Complaint and Order to Show Cause. The Order to Show Cause sought to preliminarily restrain the... Read More
Court Grants Tax Exemption To Nonprofit Property
In a recent published Tax Court opinion by Judge Vito Bianco, J.T.C., the Court considered the exemption status of a property owned by nonprofit organization, Options Imagined (“Options”). Options had filed for exemption from property tax assessment of its property to the Morris County Tax Board which denied the application. Options appealed the decision to... Read More
