BLOG:
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
Property Tax Caps Considered Across America
Property tax caps are legislative measures designed to limit the amount by which property taxes can increase annually. These caps are implemented to provide homeowners with financial predictability and to protect them from sudden and significant tax hikes that can occur due to rising property values. By controlling the increase in property taxes, these caps... Read More
Commercial Property Tax Implications in a Cooling Industrial Market
The industrial market, once a hotbed of activity and growth, is experiencing a notable cooling trend. This shift is primarily due to a combination of rising interest rates, decreased demand, and maturing leases and debt. Understanding the commercial property tax implications of this cooling industrial market is crucial for property owners and tenants alike. As... Read More
Morristown Property Tax Revaluation – 2023 Letters Were “Wrong”, New Ones Coming Soon
Morristown’s first real property tax revaluation in approximately 20 years is underway and scheduled to be completed this year. Our prior blog post on this topic from early 2023 discussed the process that is now occurring and confirmed that the revaluation, originally set for 2022, had experienced delays for a variety of reasons: Morristown Property... Read More
Everyone Loves Costco, Except Residents in Guilderland, NY
On the other side of the Hudson River, we have a “developing” eminent domain story involving a retailer that this blogger (and father of two) personally loves – Costco! What’s not to like? Great deals, diverse products, $5 giant rotisserie chicken…the list goes on. It seems you can purchase almost anything you could ever need... Read More
How One Texas Agency Restricted Its Eminent Domain Powers
Here is some eminent domain news from the Lone Star State. In a rarely seen maneuver (at least something this blogger has never), a new policy adopted by the Texas Parks & Wildlife Commission will restrict the Texas Parks and Wildlife Department’s (TPWD) future use of its eminent domain powers. Parks and Wildlife Code (section... Read More
Another Redevelopment Project Brewing in Seaside Heights?
Last week, the Seaside Heights Borough Council unanimously approved a resolution requesting its Planning Board to investigate whether a motel property on Ocean Terrace qualifies as an “area in need of redevelopment” under the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq. The property, a motel currently operated as the Surfside Motel... Read More
NYC To Use Eminent Domain For Next Phase of 2nd Avenue Subway
Here is some eminent domain news from across the Hudson River regarding one of the costliest railroad expansion projects per mile in the history of the world. The Metropolitan Transportation Authority (“MTA”) has begun the eminent domain process for its second phase of the long awaited Second Avenue Subway. At the April 26, 2023, the... Read More
One Week Left! Are You Over-Assessed?
There is only one week left until the April 3 property tax appeal filing deadline for 2023 for most towns in New Jersey. For municipalities with reassessments or revaluations put into effect this year outside Monmouth County, the filing deadline is May 1. Are you over-assessed, or even comfortable that your 2023 assessment represents your... Read More
