BLOG:
Sewer Issues Make Tax Appeal a Messy Affair!
The New Jersey Tax Court recently tried a dispute between a property owner and a town that began in 2006. In William G. Orpin, Jr. v. Tp. Of Monroe, plaintiff argued that the Township’s deed restriction requiring the subject property to have a functioning sewer connection, coupled with the Township’s refusal to provide the correct cost estimate of a sewer connection... Read More
Dropping the Ball: Another "Oops" Moment for the Condemnor
Last week, a New Jersey Superior Court judge granted a landowner’s summary judgment motion to dismiss the Township of Lakewood’s (“Township”) condemnation actions. In Tp. of Lakewood v. Garzo, the Township instituted four condemnation actions after designating areas as being “in need of” redevelopment. The Township initially believed that it had owned the subject properties... Read More
California Appellate Court Remands Case for Award of Fees and Costs to Owner's Counsel
Under California law, if the Court finds that the government’s final settlement offer was unreasonable and the property owner’s demand was reasonable, the Court is permitted to award the property owner its litigation expenses. So, after exchange of appraised valuations of $3.8M (government) and $10,875 (owner), the government offered to settle the case for $5M... Read More
“Oh Sandy” – No relief from Superstorm’s destruction on residential assessment
Two and one-half years after Superstorm Sandy, many New Jerseyans are still wrestling with the destruction wrought by that storm. Thousands of New Jersey property owners received some relief from reduced property tax assessments to reflect the damage to their properties, although some local assessors were more realistic in assessing the damage to property values. ... Read More
Virginia DOT Verdict Reversed
Following up on our post here on the Ramsey v. Commissioner case, the Virginia Supreme Court recently reversed a jury verdict in favor of DOT that would have required the owner to repay a portion of the initial offer monies. The Court ruled that it was error for the trial court to have precluded the owner... Read More
Will the Latest New Jersey Supreme Court Property Rights Decision Revive the Redevelopment Market?
Last week, a divided New Jersey Supreme Court ruled that condemning agencies do not have to prove that properties within an area “in need of redevelopment” have a deleterious effect on the surrounding area in order for those properties to be taken via eminent domain. The 3-2 majority opinion, authored by Justice Barry Albin, concluded... Read More
Townsend v Pierre: Expert Opinion Fails Where Contrary to Undisputed Record Evidence
The New Jersey Supreme Court decided Townsend v. Pierre on March 12, 2015. It was not a condemnation case but is relevant to any civil litigation involving expert witnesses. The case arose out of a terrible accident involving a motorcycle and an automobile. The motorcycle t-boned the car and the motorcyclist died. The decedent’s estate brought... Read More
Stick to the facts (but first, know them!)
In Gravers v. Scotch Plains Township, a residential tax appeal, we are reminded of the importance of hiring appraisers with experience in tax appeals and to ensure that they are familiar with the facts relevant to the subject property and the comparable property sales. Here – on appeal from a judgment of the County Board... Read More
Drive-By Appraisals "Approved" in New York!
Property owners have won a battle in a long simmering dispute in New York over pending real estate tax appeals. The case was reported in the BuffaloNews.com. In short, eight property owners with pending tax appeals against the City refused to let the City’s appraiser in their homes in connection with the preparation of the... Read More
