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Can The Government “Keep The Change”? Tax Foreclosure Likely Taking Where It Keeps the Profits
The Supreme Court heard arguments yesterday in Tyler v. Hennepin County. Full analysis of the arguments can be found on SCOTUSBLOG. It doesn’t appear that the Justices were persuaded by the government’s position that it was entitled to keep the $25,000 in excess funds received after selling Ms. Tyler’s house for payment of back taxes. ... Read More
New Jersey Property Tax Appeal Deadlines Still Open for Some Municipalities
New Jersey municipalities typically have a deadline of April 1st for property tax appeals in most years (and possibly a day or two later if the appeal deadline falls on a weekend as it did this year). However, for some municipalities that have undergone a revaluation of all of their properties or have undergone a... Read More
JP Morgan Chase CEO Suggests Eminent Domain to Fuel Green Infrastructure Investment
Jamie Dimon, Chairman and CEO of JP Morgan Chase issued his annual shareholders’ letter a few days ago. The letter is akin to a “state of the Union” address, while focusing on JP Morgan Chase’s successes of the prior year, as follows: “2022 was somewhat surprisingly another strong year for JPMorgan Chase, with the firm... Read More
“A Word of Many, Too Many Meanings….” Supreme Court Opinion Alert
“Jurisdiction, this Court has observed, is a word of many, too many, meanings.” Wilkins v United States (Slip op. March 28, 2023). Well, whatever the word means, the 12-year limitations period contained in the Quiet Title Act (28 U.S.C. Sec. 2409a) is not a bar to a federal Court’s jurisdiction. Wilkins and neighbor Stanton live... Read More
One Week Left! Are You Over-Assessed?
There is only one week left until the April 3 property tax appeal filing deadline for 2023 for most towns in New Jersey. For municipalities with reassessments or revaluations put into effect this year outside Monmouth County, the filing deadline is May 1. Are you over-assessed, or even comfortable that your 2023 assessment represents your... Read More
N.J. Appellate Court Rejects Another COVID “Shutdown” Order Challenge
The New Jersey Appellate Division has rejected yet another challenge to one of Governor Phil Murphy’s COVID “shutdown” Orders. At issue in this case was Executive Order 107 (“EO 107”), which became effective on March 21, 2020 and implemented certain social mitigation strategies requiring “every effort to reduce the rate of community spread of [COVID-19.]”... Read More
Two Week Warning! April 3 Tax Appeal Deadline Looming in New Jersey – Should You File an Appeal?
The annual filing deadline for 2023 property tax appeals in New Jersey is just around the corner – April 3, 2023 in most towns. That means there’s little time left to determine whether an appeal should be filed in an effort to reduce your tax assessment. Real property taxes are usually the second biggest expense... Read More
Great 8, Number 8: Pennsylvania Coal v. Mahon
For the final case in my “Great 8”, who else but Holmes? Before we get there, a quick caveat on “great cases” (from Holmes): “Great cases like hard cases make bad law. For great cases are called great, not by reason of their real importance in shaping the law of the future, but because of... Read More
It’s the Same Old Song, This Time in North Carolina
“Now it’s the same old song, But with a different meaning since you been gone” Those lyrics have stood the test of time, as has the use of eminent domain power for purposes that probably were not contemplated by our founding fathers when they created the Bill of Rights to the United States Constitution and... Read More
NJ Supreme Court – Malanga v West Orange – Redevelopment Criteria “d” Interpreted
Hot off the presses, Chief Justice Rabner issued the Court’s unanimous opinion on Monday reversing a “blight” designation by the Township of West Orange. The full opinion is here. While we are still digesting the opinion, I believe its the first substantive interpretation of criterion “d” by our Supreme Court since Wilson v. City of... Read More