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Missouri Revises Its Eminent Domain Laws, Protects Property Rights
On June 11, 2022, Missouri’s Governor Michael Parson signed House Bill HB 2005 to reform the State’s eminent domain laws. The new legislation specifically targets use of eminent domain by electrical companies as well as application to farmland being taken. HB 2005 details that in order to use the power of eminent domain, electrical companies... Read More
Governor Murphy’s ANCHOR Program Could Lead To “Truly Historic” Tax Relief
It is nothing new that New Jersey homeowners pay the highest property taxes in the country, with average tax bills in 2021 around $9,200. Much-needed property tax relief could be on the way if approved as part of Governor Murphy’s state budget proposal for Fiscal Year 2023, beginning July 1. The new state program supported... Read More
Failure to Read Ordinance Leads to Appraisal’s “Fatal Flaw”
In two recent related matters, both with years 2016-2020 pending, Phillipsburg Mall c/o Namdar Realty Corp. v. Lopatcong Twp. and Phillipsburg Mall c/o Namdar Realty Corp. v. Pohatcong Twp., defendants filed motions under R. 4:40-1 for entry of judgments at trial. Judge Joshua Novin, J.T.C., granted defendants’ motions and affirmed the property tax assessments. The... Read More
Fear of Taking and Allegations of Conspiracy Not Enough to Stop Redevelopment Designation
This recent Third Circuit Court of Appeals opinion stemmed from the district court’s dismissal of Plaintiff’s Complaint in Lieu of Prerogative Writ. Merrick Wilson, Academy Hill, Inc., and River Valley Heights Corp. (“Plaintiffs”) brought this action challenging the City of Lambertville’s resolution (100-2018) declaring an area that included Plaintiffs’ property as “in need of redevelopment.”... Read More
6th Circuit Rules “Tree Ordinance” Requiring Trees Be Replaced Or Pay A Fine Resulted In Unconstitutional Taking
A recent 6th Circuit Court of Appeals decision determined that a tree ordinance resulted in an unconstitutional taking. The ordinance required any removed trees to be replanted or else pay a fine. The suit, filed by F.P. Development against Charter Township of Canton, Michigan challenged the Ordinance claiming that, inter alia, it constituted a taking of... Read More
Tax Court Affirms Standing To File An Appeal Under Long Term Tax Exemption Law (“LTTEL”)
A recent Tax Court opinion by the Honorable Joshua D. Novin examined whether a property owner possessed standing to bring a tax appeal when the property was part of a redevelopment project subject to a financial agreement under the Long Term Tax Exemption Law (“LTTEL”) and whether the Court possessed jurisdiction to adjudicate same. Here,... Read More
Tax Court: Added/Omitted Assessment Law Does Not Apply to Property Which Loses Exemption
A recent decision by Presiding Tax Court Judge Mala Sundar found that the Added and Omitted Assessment Law did not apply when an exempt property became non-exempt. Instead, the applicable law was the “Exemption Cessation” statute. The basis of this action stemmed from previously tax-exempt property that Centrastate Healthcare Services Inc. (“CHSI”) (a for-profit entity)... Read More
This Just In: Property Owners May Not Have To Pay Taxes To File A Tax Appeal!
A recent New Jersey Tax Court case discussed the issue of standing to file a tax appeal. The Court concluded that a titleholder of property maintains standing as an “aggrieved taxpayer” even if the titleholder is not making direct or indirect tax payments. The party making the tax payments also has standing as an aggrieved... Read More
Tax Court “Joins” Government Entities In Case Of First Impression
In Metz Family LTD. Partnership v. Twp. of Freehold, the New Jersey Tax Court recently analyzed whether the Chapter 123 “equalization” ratio should apply under relevant state law, N.J.S.A. 54:51A-6, to the value determinations made by the Court. In addition Tax Court Judge Mala Sundar’s recent opinion ruled on the motions filed by the defendant,... Read More
Exemption Status Denied – Where is the Charitable Purpose?
This recent Tax Court decision by Judge Mark Cimino stems from the plaintiff, Urmajesty Banktruckfit Solutions, Inc. (“Urmajesty”) seeking property tax exemption status on its property. Tax exemption was previously denied by the Tax Assessor which was upheld by the Atlantic County Tax Board. Urmajesty appealed to the Tax Court where it filed its summary... Read More
