BLOG:
Police Power vs. Eminent Domain: Key Differences in Real Estate
Understanding the distinction between the government’s police power and the power of eminent domain is crucial. These terms, often misunderstood, play significant roles in property law. Police power refers to the government’s authority to regulate behavior and enforce order within its territory to ensure the public’s health, safety, morals, and general welfare. In contrast, eminent... Read More
N.J. Appellate Court: Third-Party Tax Appeals Are Not “an Issue of Public Interest”
Last month, the N.J. Appellate Division decided a case involving the constitutionality of a newly amended statue that eliminates third-party appeals of tax assessments and a property’s tax-exempt status. In particular, the statute in question, N.J.S.A. 54:3-21(a), prohibits a taxpayer from appealing the tax-exempt status or assessment of property they do not own to the... Read More
10 Essential Questions to Ask Your Eminent Domain Attorney
When faced with the complexities of property rights, consulting an experienced eminent domain attorney is crucial for navigating the legal landscape effectively. Eminent domain is the government’s inherent power to “take” private property for public use, often leaving property owners feeling overwhelmed or confused. This blog focuses on the key questions you should ask when hiring... Read More
Property Tax Caps Considered Across America
Property tax caps are legislative measures designed to limit the amount by which property taxes can increase annually. These caps are implemented to provide homeowners with financial predictability and to protect them from sudden and significant tax hikes that can occur due to rising property values. By controlling the increase in property taxes, these caps... Read More
North Carolina Map Act Temporary Takings – Rental Value Not the Metric?!
When reading our colleague Robert Thomas’ excellent post on a recent Nort Carolina Map Act case, it sounded vaguely familiar. Recollection refreshed! Nine years ago(!), I blogged about the case that found the recording of a right-of-way map amounted to a taking… entitling owner to just compensation. In the Kirby v. NCDOT Case, the Supreme... Read More
Inverse Condemnation vs Eminent Domain: What New Jersey Property Owners Need to Know
Understanding the differences between inverse condemnation and eminent domain is crucial for property owners, especially in New Jersey. Inverse condemnation vs. eminent domain involves distinct legal processes and implications. This blog post will delve into these differences, providing insights into how each impacts property rights and what property owners in New Jersey need to know.... Read More
Relocation Benefits: Major Changes in Federal Regulations After Two Decades
Relocation benefits are crucial for individuals and businesses affected by relocations due to federally funded projects. These benefits provide essential financial and logistical support, ensuring that those displaced can transition smoothly to new locations. The federal regulations governing relocation benefits had not seen significant updates in two decades, leading to outdated provisions that no longer... Read More
Commercial Property Tax Implications in a Cooling Industrial Market
The industrial market, once a hotbed of activity and growth, is experiencing a notable cooling trend. This shift is primarily due to a combination of rising interest rates, decreased demand, and maturing leases and debt. Understanding the commercial property tax implications of this cooling industrial market is crucial for property owners and tenants alike. As... Read More
As We Approach Our Nation’s Birthday, a New Jersey Appellate Court Rejects Hospitals’ Takings Claims
With the 4th of July fast approaching, a New Jersey appellate court issued its opinion in Englewood Hospital v. State of New Jersey. Englewood Hospital v. State of New Jersey. While the case is hot off the press and we haven’t fully digested it, there was no ambiguity about the result: “Considering the arguments and... Read More
Understanding New Jersey Short-Term Rental Laws
New Jersey short-term rental laws were recently clarified when the U.S. Third Circuit Court of Appeals decided that Jersey City’s regulations limiting the ability to use private property for short-term rentals were not a taking. 2022-8-16 Nekrilov v Jersey City Third Circuit. This decision is a significant interpretation of New Jersey short-term rental laws, impacting... Read More
