BLOG: Property Tax Appeal

Court Rejects Property Owner’s Unverified Sales Evidence at Trial–Affirms City’s Value

by: Anthony F. Della Pelle
7 Sep 2012
In the recent unpublished opinion in Rosenberg v. City of Newark, Docket No. 018031-2009 (Tax Ct. August 16, 2012), a New Jersey Tax Court judge affirmed a property’s assessment after rejecting comparable sales evidence provided at trial by a pro se plaintiff as proof of the fair market value for his two-family rental property.  The judge found the plaintiff, testifying... Read More

Court Rejects Property Owner’s Unverified Sales Evidence at Trial

by: Anthony F. Della Pelle
7 Sep 2012
In the recent unpublished opinion in Rosenberg v. City of Newark, Docket No. 018031-2009 (Tax Ct. August 16, 2012), a New Jersey Tax Court judge affirmed a property’s assessment after rejecting comparable sales evidence provided at trial by a pro se plaintiff as proof of the fair market value for his two-family rental property.  The judge... Read More

“Day of Reckoning” for Monroe Township following Years of Successful Tax Appeals

by: Anthony F. Della Pelle
27 Aug 2012
The Township of Monroe says it has lost millions of dollars, and exhausted cash reserves, due to successful tax appeals by property owners.  The Township’s total assessed value has fallen over $140 million dollars in the last two years, in large part because of bulk appeals by the ten retirement communities in the Township.  The... Read More

Jefferson’s Challenge to Tax Equalization Formula Rejected

by: Anthony F. Della Pelle
7 Aug 2012
This week, a New Jersey appeals court rejected a challenge by the Township of Jefferson to the formula utilized in creating the property tax equalization ratio, thereby affirming the trial court decisions made by New Jersey Tax Court Judge Vito Bianco.   In Township of Jefferson v. Director, Division of Taxation, the appellate panel considered... Read More

Widespread Disagreement on Plan to use Eminent Domain to Acquire Mortgages

by: Anthony F. Della Pelle
17 Jul 2012
Time Magazine recently covered a controversial plan proposed by Mortgage Resolution Partners to acquire distressed mortgages using the government’s eminent domain power.  The article highlighted some of the concerns raised in a post on this blog, as well as in other local and national media outlets. Specifically, mortgage holders will not likely accept the value... Read More

"Special" Valuation Rules N/A To Environmentally Remediated Property

by: Anthony F. Della Pelle
17 Jul 2012
Yesterday a New Jersey appellate court narrowed the scope of a property owner’s liability for environmental remediation when the owner’s property is taken via eminent domain.  In Borough of Paulsboro v. Essex Chemical Corporation, the Superior Court, Appellate Division (Skillman, J.A.D.) held that a property owner that had obtained approval of a closure plan for... Read More

Tenants’ Temporary Structures Found As Taxable Real Property

by: Anthony F. Della Pelle
29 Jun 2012
In a recent unpublished opinion, a Tax Court judge considered an in limine motion seeking to bar the report and testimony of the Township of Belleville’s appraisal expert as lacking a credible factual basis.  The property owners filed complaints challenging the assessment on their real property in Belleville for tax years 2008 through 2010.  The property... Read More

Bill would require schools, fire districts, and county governments to share in refunding property taxes

by: Anthony F. Della Pelle
28 Jun 2012
Senator Anthony Bucco (R-Morris) has introduced S-1896, which would require county governments, school districts, fire districts and other taxing districts to share in the burden of paying for property tax refunds.  Currently, only the county shares in this burden with municipalities through the county tax equalization process while schools and fire districts, and other taxing districts... Read More

Towns Losing Millions in Property Tax Relief From Utility Taxes

by: Anthony F. Della Pelle
27 Jun 2012
NJ Spotlight recently reported how the New Jersey State budget will continue to divert funds from a pool of taxes collected from utilities.  As noted in the article, available here, various statutes provide that the majority of the energy taxes be distributed to local governments for property tax relief.  However, since 2008 more than $270 million... Read More

Should Governments Use Eminent Domain to Acquire Underwater Mortgages?

by: Anthony F. Della Pelle
20 Jun 2012
In an unprecedented move, a group of venture capitalists out of San Francisco hopes to convince county and local officials in California to use the power of eminent domain to seize control of private residential mortgage-backed securities with the intent of cutting the principal balances of negative-equity borrowers. As proposed, Mortgage Resolution Partners would work... Read More