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Property Rights Abroad: Indian Army Ordered to Pay 46 Years Rent to Landowner
It’s safe to say that we have covered our fair share of interesting eminent domain stories from around the United States. For example, here are a few stories from California, South Carolina, Maryland, and even Alabama. But how are property rights viewed by the courts abroad? Well, according to a November 2024 decision from the... Read More
What Happens if Property Taxes Are Not Paid?
Property ownership in New Jersey comes with many responsibilities, and these include quarterly property tax payments. Failing to make these payments can lead to severe consequences for property owners. Read on to learn how municipalities recover unpaid property taxes from homeowners and the consequences of not keeping up with these payments. Overview of Property Taxes... Read More
HCIA v. Mariana Properties – App Div Affirms Taking for Road Project
The Appellate Division of the NJ Superior Court recently affirmed a trial court oral opinion by recently elevated and former Hudson County Assignment Judge Jeffrey Jablonski. The full opinion is available here a2686-22 HCIA Case. The property owner’s counsel argued that the case should be dismissed because the condemnor failed to: 1) conduct bona fide... Read More
New Jersey Property Tax Relief: Ways to Save Thousands on Your Taxes
New Jersey property tax relief has become increasingly crucial as our state continues to bear the nation’s highest property tax burden. No Matter How Data Is Crunched, NJ Property Taxes Are Highest, NJBIA, Aug. 20, 2024. The situation has reached a critical point, with NJ Spotlight News reporting that the average annual property tax bill... Read More
Right of Entry vs. Taking: What Property Owners Must Know?
In exercising their right of entry, government entities must carefully navigate property owners’ constitutional protections. While the power of eminent domain allows the government to acquire private property for public use with just compensation, the preliminary stages of this process often raise complex legal questions. As experienced property tax lawyers, we frequently see cases where... Read More
How Societal Bias Shapes Eminent Domain Decisions
The societal bias inherent in eminent domain practices has become increasingly apparent as studies reveal its disproportionate impact on vulnerable communities across New Jersey and nationwide. The government’s power to acquire private property, while essential for public infrastructure development, has given rise to projects ranging from railroads and highways to schools, hospitals, and parks. As... Read More
Self-Represented Litigants Lose Challenge To Denial of Mansion Tax Refund
Mansion tax plays a significant role in property transactions exceeding $1 million. This tax, which requires buyers to pay an additional 1% of the purchase price, has recently come under scrutiny in a notable Tax Court of New Jersey decision. The case of DePina v. Director, Division of Taxation has shed light on the strict... Read More
A Comprehensive Guide to Eminent Domain Just Compensation
In an eminent domain case, when a governmental agency or other condemning authority takes private property, the property owner is constitutionally entitled to receive eminent domain just compensation for the taking. This refers to the amount of money that will make the owner whole and indemnify them for the loss of the property. Frequently, just... Read More
Eminent Domain in a Nutshell
The definition of eminent domain encompasses a powerful legal doctrine that allows governments to acquire private property for public use, often sparking controversy and concern among property owners. This constitutional authority, while intended to serve the greater good, can sometimes be misused, leading to examples of eminent domain abuse that have shaped legal precedents and... Read More
App Div Affirms Redevelopment of 615 River Road Edgewater Property
On August 13, 2024, the Appellate Division affirmed denial of a prerogative writ action that challenged the designation of a former Hess oil terminal on the Hudson River as “an area in need of redevelopment.” 2024-8-13 SJ 660 App Div. The decision appears to be the end of years of litigation over the redevelopment of... Read More
