BLOG:

New Jersey Beach Replenishment Saga Continues, This Time in Sea Bright

by: Anthony F. Della Pelle
2 Oct 2012
A state appellate court has ruled that a private beach club in Sea Bright, New Jersey, has to open its entire beach to non-members.  The decision in Chiesa v. D. Lobi Enterprises, Inc., Docket No. 6070-09T3 (September 28, 2012) (opinion available here) is the latest chapter in a story that has been unfolding for nearly 20... Read More

Farmland Assessment Rules May Tighten

by: Anthony F. Della Pelle
1 Oct 2012
Last week, the Assembly Agriculture and Natural Resources Committee approved a bill which would increase the amount of income that farmers need to generate annually in order to qualify for “farmland assessment” in New Jersey.  The bill, A-3090, which has several sponsors and a companion bill in the State Senate (S-589), was unanimously endorsed by... Read More

Texas Court: Canadian Oil Company Can Use Eminent Domain in Texas

by: Anthony F. Della Pelle
28 Sep 2012
  Following a recent Texas Supreme Court decision that limited the ability of pipeline owners to condemn property under certain circumstances, a group of property owners in Texas lost their fight to keep a Canadian oil company, TransCanada Keystone Pipeline, from taking their property as part of a 4,000 mile pipeline project.  The landowners are... Read More

Time to start thinking about a 2013 property tax appeal

by: Anthony F. Della Pelle
25 Sep 2012
  3rd Quarter tax bills have gone out.  This is a time when people start thinking about filing tax appeal as they feel the pain of yet another increase in their property taxes.  But, as so many frustrated taxpayers have learned, it is too late to file a tax appeal for 2012.  They must wait until... Read More

Appeal Involving Apartment Complex Reaffirms Presumptions

by: Anthony F. Della Pelle
18 Sep 2012
A New Jersey Tax Court judge recently issued a decision reducing the 2006, 2007 and 2008 property tax assessments regarding a 32-unit apartment building in Bergen County.   In Uni0n Manor Associates v. Rutherford, the Honorable Patrick DeAlmeida, PJTC relied upon and reaffirmed two important precedents in ordering reduced assessments for this income-producing property. First,... Read More

Atlantic City Dipping Into the Well Once Again

by: Anthony F. Della Pelle
12 Sep 2012
The City of Atlantic City is apparently dipping into the well of its taxpayers’ wallets once again to fund property tax appeal refunds owing to the city’s casinos.  According to an article by Emily Previti in the Atlantic City Press, the City Council is approving the issuance of $103 million in bonds, and is already... Read More

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