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Eminent Domain in a Nutshell – More Takings on the Horizon?
Eminent domain has frequently been in the news over the past few months, part in thanks to president-elect Donald Trump’s support for and involvement in the practice, and also the controversial Dakota oil pipeline. Amidst all of the media attention, here is a review of the basic tenets of eminent domain. Eminent domain refers to... Read More
Two Recent Tax Court Opinions – One Focuses on Procedure, the Other on Substance
Here’s the latest, concerning two recently published opinions from the Tax Court of New Jersey: In 1959 Highway 24, LLC v. Twp. of Wall, the Tax Court clarified the ambiguity as to the filing deadline for counties participating in the Assessment Demonstration Program (“ADP”). The Legislature had enacted the ADP in 2013 and with the... Read More
NJ Transit v. Franco – Property Owner Verdict Overturned on Appeal
On October 19, 2016, almost seven years after a condemnation action was commenced, the Appellate Division published an opinion reversing an $8,150,000 jury verdict in favor of the property owners from 2013. The pre-condemnation offer of compensation was $934,500. The trial judge also ordered that $1,967,865 be escrowed in the Superior Court Trust Fund to cover... Read More
Taxpayer Obtains Freeze Act Relief Amid City’s Outcry
As many are aware, the Freeze Act is a safeguard for taxpayers who have obtained a judgment either by trial or by stipulation of settlement. It protects the taxpayer by “freezing” an assessment for two years subsequent to the base year of a final judgment of the Tax Court. Generally, unless a taxpayer explicitly waives this... Read More
City Tries to Dismiss Tax Exemption Case for Plaintiff’s Failure to Check a Box
The plaintiff in West Side Community Center v. City of Asbury Park filed an appeal with the Tax Court to claim an exemption on its property. However, in its Case Information Statement, plaintiff had forgotten to check the box “Exemption/Abatement Claimed.” The City filed a motion to dismiss the complaint since it failed to specifically... Read More
Landlocked Property Yields Property Tax Reduction
Recently, in Acocella v. Cedar Grove, the Tax Court of New Jersey was asked to examine the value of a vacant landlocked parcel. The subject property is approximately one-acre and has no frontage or roadway access. It lies to the rear of plaintiff’s residential parcel, and surrounded on all sides by adjacent properties. Given the lack of... Read More
Township Argues for Dismissal on Grounds Taxpayer Submitted False and Fraudulent Information
A motion to dismiss for failure to comply with N.J.S.A. 54:4-34 (“Ch. 91”) is common practice in the Tax Court. In Alcatel-Lucent USA, Inc. v. Township of Berkeley Heights, plaintiff filed complaints challenging the assessment and also sought a farmland assessment exemption for tax years 2014 and 2015. For tax year 2014, the Township filed... Read More
Déjà vu all over again – Taxpayer fails to overcome presumption of correctness.
The New Jersey Tax Court recently issued another opinion finding that a taxpayer failed to overcome the presumption of correctness that attaches to a real property tax assessment. While we have, in the past, expressed frustration with the seemingly endless run of decisions that raise the bar for taxpayers, the Court had little choice here. ... Read More
How is “Just Compensation” Determined in Eminent Domain Matters?
In an eminent domain case, when a governmental agency or other condemning authority takes private property, the property owner is constitutionally entitled to received “just compensation” for the taking. This refers to the amount of money that will make the owner whole and indemnify him, her or it for the loss of the property. Frequently,... Read More
Maximizing Savings Through NJ Property Tax Appeals
When was the last time you thought about how much you’re paying in property taxes on your New Jersey home or investment property? If there haven’t been major changes to your lot or building over the past few years, it may seem like there is no point in doing so. A number of factors, however,... Read More
