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Was Eminent Domain “Made in America”? Upstate NY Residents Soon To Find Out
Nearly 20 years after the United States Supreme Court issued its controversial opinion in Kelo v. City of New London, an economic development project near Syracuse, New York has residents wondering whether their homes and businesses will be taken by eminent domain in order that a computer chip factory can be built by Micron, one... Read More
Bernardsville Redevelopment Project: Full Steam Ahead!
Last week, the Bernardsville Borough Council adopted a resolution approving a controversial designation of certain commercial properties on Olcott Square as an “area in need of redevelopment” pursuant to the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A;1, et seq (“LRHL”). The decision, approved by a 4-2 vote, was controversial because it rejected an... Read More
Morristown To Undergo Property Tax Revaluation
The Town of Morristown recently confirmed that it will be undertaking a municipal-wide revaluation of all properties in the Town, for the first time since a 2004 revaluation was performed. A revaluation program involves the mass appraisal and reassessment of all real property in a taxing district and is performed by an outside professional appraisal... Read More
Do Me a Favor, Open The Door, and Let ‘Em In!
“Someone’s knockin’ at the door Somebody’s ringin’ the bell Someone’s knockin’ at the door Somebody’s ringin’ the bell Do me a favor Open the door and let ’em in” Paul McCartney, 1976 A recent opinion by the Tax Court of New Jersey reminded us of the Wings classic “Let Em In”, written by Paul McCartney... Read More
Gym Owner Loses Challenge to COVID Shutdown Order
A New Jersey kickboxing business owner was recently denied compensation for the closure and limitations placed on its business under COVID-19 “shutdown” orders signed by Governor Phil Murphy. The business, JWC Fitness, LLC, based in Franklin, New Jersey, shut its doors in March 2020 in compliance with Murphy’s Executive Order 104, thereby closing its business... Read More
U.S. Supreme Court’s Emphatic “Take That!” To CDC Eviction Moratorium
Yesterday, the US Supreme Court issued a per curiam opinion which finally (hopefully) ended the ping pong match that had been underway for many months concerning the validity of the federal eviction moratorium, which had been in place since the beginning of the COVID-19 pandemic. The moratorium was first imposed by Congress in March 2020... Read More
Court OKs Governor’s Executive Order Concerning Security Deposits
A New Jersey appellate court has upheld Governor Phil Murphy’s Executive Order No. 128, which permits residential tenants to use their security deposits to pay rent during the COVID 19 pandemic. The Executive Order, entered in April 2020, was one of many entered since last March in response to the economic and public health crises... Read More
When Will The New Jersey Eviction Moratorium End?
As Covid-19 restrictions begin to be eased in New Jersey, especially with the removal of a mask requirement both indoors and outdoors for vaccinated individuals on May 28, life is slowly returning to a pre-pandemic level. However, one restriction which has remained is the eviction moratorium on residential evictions in New Jersey. Currently, New Jersey... Read More
Eminent Domain in a Nutshell
Eminent domain has two different manifestations. Most exercises of eminent domain involve takings initiated by government agencies or, in some cases, public utilities such as power or pipeline companies, of privately owned property. This often entails the seizure of land and buildings, as well as the creation of easements and other interests in property. According... Read More
Legislation “Solves” Property Tax Issue For Hospitals
More than five years after a landmark decision by the New Jersey Tax Court that threatened the local property tax exemption enjoyed by non-profit hospitals, the State has finally acted. Under a bill signed by Governor Murphy this week, those hospitals will retain their tax-exempt status but will make a “community service contribution” toward the... Read More
