BLOG: Property Tax Appeal

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

Red Bull Exemption Redux

by: Anthony F. Della Pelle
26 Jun 2012
Earlier this year in the 2010 tax appeal Red Bull Arena Inc. v. Town of Harrison, the Tax Court granted summary judgment to the Town and rejected a claim by the owners of the Red Bull Arena, home to the New York Red Bulls Soccer Club, that the property is entitled to a tax-exemption under... 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

$54M Property Tax Credit Coming to Trump In Atlantic City

by: Anthony F. Della Pelle
15 Jun 2012
Earlier this week, the Atlantic City Council approved a settlement of a property tax challenge by Trump Entertainment which will provide $54 million in property tax credits to the Trump organization for the Trump Taj Mahal, Trump Plaza and the former Trump Marina casino hotel (sold last year and now operating as the Golden Nugget).... Read More

Filed in the Nick of Time

by: Anthony F. Della Pelle
4 Jun 2012
A New Jersey Tax Court judge recently denied efforts by the Borough of Bergenfield to dismiss a property tax appeal filed by a local property owner as being “out of time”.  The appeal challenged an affirmance of the 2011 tax assessment on the property in question by the Bergen County Board of Taxation.  Under New... Read More

Sayreville Developer Fails in Challenge to Redevelopment Fees

by: Anthony F. Della Pelle
30 May 2012
A New Jersey appellate court this week rejected an appeal by a Sayreville developer to challenge the imposition of costs and fees levied upon its commercial redevelopment by the Sayreville Economic Redevelopment Agency (“SERA”).  The developer Gillette Enterprises, Inc., sought to develop a parcel of land within Sayreville’s redevelopment area with age-restricted housing, after it... Read More

To Wield Chapter 91 Sword to Dismiss Tax Appeals Towns Must Play by the Rules

by: Anthony F. Della Pelle
11 May 2012
We have made numerous posts about appeals that were dismissed due to the property owner’s failure to respond to a municipal tax assessor’s request for income and expense information under N.J.S.A. 54:4-34, also known as “Chapter 91.” While it seems municipalities are aggressively invoking Chapter 91 to attack commercial tax appeals and the Tax Court... Read More

Paramus Appeal Dismissed: Obligation to Submit Income and Expense Info Runs with the Land

by: Anthony F. Della Pelle
10 May 2012
Another New Jersey property owner had its real estate tax appeal dismissed this week  for failure to respond to a municipal tax assessor’s request for income and expense information.  That’s not surprising, given the volume of appeals facing New Jersey’s municipalities and now pending in the New Jersey Tax Court and the County Boards of... Read More

Willets Point Takings Abandoned by NYC at Eleventh Hour

by: Anthony F. Della Pelle
3 May 2012
The City of New York has withdrawn its efforts to use eminent domain to acquire properties within a 62-acre “Iron Triangle” in the Willets Point section of Queens near Citi Field and downtown Flushing. The condemnations were scheduled to proceed to hearing next week, but the Bloomberg administration instead halted the takings of several private... Read More