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Property Rights Trampled by COVID-19
The United States District Court for the Northern District of Florida just denied a temporary injunction to a group of beachfront property owner’s suing to enjoin a governmental Order that temporarily and totally denied their use and enjoyment of private property. The Order denied access to the owners private beach. If you have 5 minutes,... Read More
Town Looks Gift Horse in Mouth – Gets Bitten
NJSEA v. Kearny A recent Appellate Division decision affirmed a trial judge’s award of just compensation concerning the taking by a State agency of a municipal landfill in Kearny. The award matched the amount of the condemning agency’s appraisal, and both the trial and appellate court’s rejected entirely the municipal property owner’s theory of value. ... Read More
Winning Your Tax Appeal: The Importance of Evidence
A tax appeal is a critical process for property owners seeking to challenge an assessment they believe is incorrect. Successfully navigating a tax appeal requires presenting sufficient and credible evidence to persuade the Tax Court to reconsider the assessed value. The case of Leena Aggarwal serves as a cautionary tale in this regard. Aggarwal, acting pro se, attempted... Read More
NJ’s Newest Executive Order Forecasts Future Emergency Seizures and Commandeering
On April 2, 2020, New Jersey Governor Phil Murphy signed Executive Order #113, which follows his prior Orders in our current state of emergency, and authorizes the NJ Office of Emergency Management and Department of Health to utlize provisions of the NJ Civil Defense and Disaster Conrol Act “take or use personal services and/or real... Read More
“Almost on time” Doesn’t Count For Tax Refund – Tax Court Orders Town to Pay Interest
There is a saying that “early is on time, on time is late and late is unacceptable.” While that is not true in all instances, the New Jersey Tax Court recently found that the payment of a tax refund owed as a result of Judgment issued pursuant to a settlement agreement two days beyond the... Read More
Two Worlds Collide: States of Emergency and Individual Rights
Since our last post several days ago, Can the COVID-19 Panemic Allow the Government to Seize My Private Property?, so much has happened in our world that it would be impossible to try and analyze or even digest all of legal issues that the state of emergency has presented relating to property rights and individual... Read More
When Can the Government Take Private Property? Understanding Your Rights During Public Health Emergencies
During public health emergencies, property owners often face a critical question: when can the government take private property for public use? While declarations of national or state emergencies grant government agencies expanded powers, understanding your rights as a property owner is essential. As New Jersey’s leading eminent domain lawyers with over 50 years of experience... Read More
Owner’s Verdict Potpourri of Condemnation Valuation Principles
Last month, the a New Jersey appellate court affirmed a $3,000,000.00 verdict rendered by a Camden County jury for the taking of an eight story 80,000 s.f. building in Camden City Center. The full text of the opinion is here: Estate of Rubin v. Camden Parking Authority. The Parking Authority appealed arguing the owner’s valuation... Read More
Another Day, Another Sale Not Verified
This matter stems from plaintiffs’, Anthony and Patricia-Miliano Paolo, 2019 appeal of their property in the Borough of Bradley Beach. Plaintiff petitioned to the Monmouth County Tax Board to reduce its assessment from $657,700 to $563,000. The Paolos provided the sales of three residences in the Borough but only relied on one as the best... Read More
Appraiser’s Lack of Verification of Data Leads to Affirmed Assessment
In a recent Tax Court matter, the Plaintiff challenged the 2016 tax year assessment of property currently being occupied by a bank. The Bergen County Tax Board and the Tax Court affirmed the assessment. The Court’s legal analysis began with the well-established principle that the original assessment is entitled to a presumption of validity. MSGW... Read More
