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Assessment on Condo Common Elements Nullified by Tax Court, Affirmed on Appeal

by: Daniel Kim
15 Aug 2016
The Appellate Division recently considered the New Jersey Tax Court’s invalidation of assessment placed by South Orange on the common elements of a condominium property.  Plaintiff, The Top Condominium, was established as a condominum association under New Jersey’s Condominium Act.  The master deed establishing the condominium consists of 93 units located in the Township of... Read More

CRDA Denied Authority to Take – Birnbaum Wins on Reconsideration

by: Joseph Grather
10 Aug 2016
On August 5, 2016, Judge Mendez reversed himself issuing an Order holding that the Casino Reinvestment Development Corp.’s condemnation of the Birnbaum property was a “manifest abuse of the eminent domain power” and exceeded CRDA’s statutory authority.  Thereby dismissing the case commenced over two years ago. Initially the Court denied the Birnbaum’s challenge to the... Read More

How to Appeal Your New Jersey Property Tax Assessment

by: Anthony F. Della Pelle
4 Aug 2016
Property owners in New Jersey typically receive their final tax bills each year in July or August.  This causes many to evaluate their property tax burden and to determine if they can save money by filing a property tax appeal.  Although many property owners may believe that their property tax assessments are set in stone,... Read More

5 Things You May Not Have Known About Eminent Domain

by: Anthony F. Della Pelle
28 Jul 2016
A Property’s Value Isn’t Restricted to Its Current Usage If the government wants to take your property, it is obligated to provide you with “just compensation”. Just compensation is usually defined as the amount of money that would make the property owner whole by indemnifying the owner for the loss resulting from the taking of... Read More

Veterans Fight City Hall…And Win!

by: Anthony F. Della Pelle
27 Jul 2016
Congratulations to the Veterans who are members of the Cedar Grove VFW hall on regaining the property tax exemption for their property, and to M&R’s Rich DeAngelis for taking on this case and his important win!  Read the article here.... Read More

New Jersey’s Stance on Eminent Domain Since Kelo v. New London

by: Anthony F. Della Pelle
20 Jul 2016
The United States Supreme Court’s ruling in Kelo v. City of New London in 2005 served as a wake-up call for eminent domain usage and abuse, as the Court affirmed that, depending upon any state or local laws to the contrary, it was and is permissible for government agencies to seize private property as a... Read More

Sales Approach Rejected in Valuing Rental Property

by: Richard De Angelis
11 Jul 2016
In reviewing a recent decision by the Honorable Patrick DeAlmeida, the Presiding Judge of the New Jersey Tax Court, the first thing that jumps out is the large reductions — approximate $1.84 million in reduced assessments for each of the years under appeal.  The appeal involved a free-standing Barnes & Noble store in Evesham Township brought by the retailer, a... Read More

Taxpayer Forced to Disclose Bank’s Mortgage Appraisal in Tax Appeal

by: Daniel Kim
5 Jul 2016
In the context tax appeals, municipalities and taxpayers will often bump heads about the disclosure of an appraisal report prepared by a mortgage lender.  Although these reports cannot be utilized at trial for determining the market value of the property in a tax appeal, municipalities may still demand the taxpayer to disclose the report.  This... Read More

Intervention by Taxpayer Denied in New Jersey Tax Appeal

by: Anthony F. Della Pelle
29 Jun 2016
In another recent opinion, Farmland Dairies, Inc. v. Bor. of Wallington, the Tax Court of New Jersey addressed the actions of a non-party private taxpayer who filed a motion to intervene in a pending appeal of Farmland Dairies, Inc.  Farmland Dairies, Inc. filed direct appeals to the tax court for tax years 2014, 2015, and 2016.  A private... Read More

Partial Exemption Issue Addressed by Tax Court of NJ

by: Daniel Kim
28 Jun 2016
In a recently published opinion, the Tax Court of New Jersey addressed the applicability of the partial exemption statute.  In Savage Mills Enterprises, LLC v. Bor. of Little Silver, the plaintiff argued that it was entitled to a partial exemption on a portion of its property that was subject to a 99-year ground lease to a... Read More