BLOG:
Appellate Division Affirms Town’s Right to Take Redevelopment Property
In New Jersey, redevelopment designations are often a precursor to the government exercising its eminent domain power. However, in order for the government to use eminent domain, it must first obtain a final judgment from the court authorizing the “right to take.” On April 6, 2022, in Lindenwold v. Jackson, et al., the Appellate Division... Read More
Can You Fight Eminent Domain?
Eminent domain is the inherent right or power of the government to “take” private property for public use. In New Jersey, the State is vested with the power of eminent domain as an attribute of sovereignty. The legislature can also delegate this power to other agencies and arms of the government, such as counties, municipalities,... Read More
N.J. District Court: Jersey City’s Limit on Short-Term Rentals is Constitutional Under the Takings Clause
Home sharing platforms have exploded in popularity over the past decade, becoming an acceptable way for individuals to earn supplemental income from their properties. Using these platforms, individuals may lease or sublease their properties for a short-term period of days, weeks, or months at a time. In 2015, Jersey City passed an ordinance affirmatively permitting... Read More
SCOTUS Declines to Hear Dakota Access Pipeline Case
Image courtesy of researchgate.net With over 7,000 requests for review per year, the Supreme Court of the United States has its hands full and hears only about 100-150 cases in a given year. One case that recently did not make the cut was an appeal submitted by the operator of the Dakota Access Pipeline... Read More
Tax Court Declines to Increase Property Tax Assessments for Carteret Property
The Tax Court of New Jersey recently rendered a seventeen (17) page opinion in Carteret Holdings Urban Renewal, LLC v. Carteret Borough (hereafter “Carteret Holdings”) that affirmed the 2018 and 2019 tax assessments for a garden-style apartment complex located in Carteret Borough, Middlesex County, New Jersey. The unpublished opinion, written by the Hon. Mala Sundar,... Read More
Property Tax Relief Legislation Advances Through NJ Senate Committee
NJ Property Tax Relief On January 27, 2022, the New Jersey Senate Community and Urban Affairs Committee unanimously approved two pieces of legislation impacting New Jersey property taxes. These proposed bills, S330 and S343, are lawmaker’s attempts to give some measure of property tax relief to New Jersey residents. Though they both take very different... Read More
Crossing the Line? Nebraska Plans to Use Eminent Domain to Take Land in Colorado
We often think of eminent domain as the inherent power of the government to take private land for a public purpose. But what about when one sovereign entity intends to take land from another? Let’s look at a recent interstate taking story from the Nebraska-Colorado border, where Nebraska Governor Pete Ricketts plans to use Nebraska’s... Read More
New Jersey Enacts New Changes to the Casino Property Stabilization Act
On December 21, 2021, the Governor of New Jersey signed into law S4007, a bill that is meant to address the property tax payments made by Atlantic City Casinos. Previously, on December 20, 2021, the New Jersey Senate and the New Jersey Assembly had passed the bill with narrow margins. The Casino Property Stabilization Act... Read More
How Can A Taking By Eminent Domain Affect Your Taxes?
Having your property taken from you against your will can be difficult by itself, but losing your property and paying additional taxes after the property is taken is a harsh reality that many property owners face when confronted with eminent domain. In a prior blog post, we explained that the government has the inherent right... Read More
How To Win Your Property Tax Appeal? Here Are 5 Steps To Follow
Understanding how to win a property tax appeal is crucial for New Jersey property owners, as property taxes are not fixed expenses. Successfully appealing your tax assessment may create opportunities for hundreds or even thousands of dollars in yearly savings. With that being said, below are five basic steps that can increase your chances of... Read More