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House Passes Anti-Kelo Eminent Domain Bill

by: Anthony F. Della Pelle
1 Mar 2012
The United States House of Representatives this week passed bipartisan legislation that proposes to withhold for two years all federal development funding to states or local governments that take private property for economic development.  The bill, labeled the Private Property Rights Protection Act (H.R. 1443), also bars the federal government from using eminent domain for... Read More

Eminent Domain Abuse Sign is Protected Speech

by: Anthony F. Della Pelle
24 Feb 2012
The United States Supreme Court declined to review a lower court’s decision which held that part of an ordinance adopted by St. Louis, Missouri, to force the removal of a sign protesting eminent domain violated the property owner’s First Amendment right to free speech.  In 2007, the property owner commissioned a 360-square-foot mural which proclaimed... Read More

Interactive Map Puts Spotlight on New Jersey’s Crushing Tax Burden

by: Anthony F. Della Pelle
22 Feb 2012
NJ Spotlight has created a tax map which displays the average 2011 tax burden for property owners by municipality, and how that may have changed since 2009.  According to the Tax Foundation, since 2009 New Jersey’s median property taxes are the highest in the nation, and the state also ranked first when comparing property taxes as... Read More

Buonocore Named Eminent Domain Lawyer of the Year

by: Anthony F. Della Pelle
15 Feb 2012
Best Lawyers, the oldest and most respected peer-review publication in the legal profession, has named McKirdy & Riskin’s John H. Buonocore, Jr. as the “Newark Area Best Lawyers Eminent Domain and Condemnation Lawyer of the Year” for 2012. Best Lawyers is designating “Lawyers of the Year” in high-profile legal specialties in large legal communities. Only a single lawyer... Read More

Appellate Division Gives Train Case One-way Ticket Back to ALJ with Remand

by: Anthony F. Della Pelle
13 Feb 2012
Norfolk Southern Railway Company petitioned the New Jersey Department of Transportation for authorization to acquire the neighboring property owned by Intermodal Properties, LLC, by eminent domain after the property owner refused an arms-length sale.  Railroads, as a public utility, can receive authorization under N.J.S.A. 48:12-35.1 once they show that the land is needed for a... Read More

Jury Awards Double NJ Transit's Offer for Property Taken by Eminent Domain

by: Anthony F. Della Pelle
30 Jan 2012
The families who owned the Mother’s Park and Ridelot in Wayne, New Jersey were awarded $2.6 million in just compensation by  Passaic County jury last week for the taking of their property through eminent domain by NJ Transit. The property was originally acquired by DJ Properties to be converted to a restaurant, but the owner... Read More

California Redevelopment Law No Longer a Blight to Property Owners

by: Anthony F. Della Pelle
26 Jan 2012
In December 2011, the California Supreme Court upheld legislation dissolving the State’s redevelopment agencies which must now turn over their property tax revenues to the State.  Dissolving the redevelopment agencies was part of cost-cutting measures taken by Governor Jerry Brown to address a massive budget shortfall.  Approving the Court’s decision, critics of the redevelopment agencies... Read More

Another Taxpayer Bites the Dust, This Time For Being One Day Too Late

by: Anthony F. Della Pelle
25 Jan 2012
A Tax Court judge dismissed a complaint that arrived by regular mail one day past the statutory filing deadline.  The property owner initially appealed his assessment to the Monmouth County Board of Taxation, who affirmed the judgment and mailed a copy to the parties on September 20, 2011.  The property owner’s Tax Court complaint was... Read More

Ailing Seller’s Eagerness to Sell Fatal to Buyer’s Tax Appeal

by: Anthony F. Della Pelle
23 Jan 2012
A sale of the subject property was recently disqualified as an “arms’ length” sale, according to the Tax Court, because the seller was ill and accepted the first offer made by the buyer.  The buyer filed a tax appeal to challenge the property’s assessment and offered only the sale of property to establish that the... Read More

Speedwell Redevelopment Plan Approved

by: Anthony F. Della Pelle
13 Jan 2012
The Morristown Town Council unanimously approved the Speedwell Redevelopment Plan last evening.  This plan calls for the development of  650 new housing units and 40,000 square feet of retail space over three phases. The first phase of the project calls for the redeveloper to construct 268 housing units on a Morristown DPW property off of early... Read More