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Keystone Pipeline Project Chugging Along
Controversy Continues to Surround Canadian Oil Company Seeking Eminent Domain Authority in United States A recent article on ProPublica.org examined the issues and controversy surrounding the 4,000- mile long TransCanada Keystone Pipeline. We first discussed this project a year ago on Fox News Channel, where McKirdy & Riskin’s Anthony Della Pelle provided commentary – watch the video... Read More
Property Tax Exemption for Sale
In a recent opinion, the New Jersey Tax Court addressed the issue of the sale of a tax exempt property from one nonprofit entity to another nonprofit entity. The transfer of ownership occurred in July 2009. While the City of Newark agreed that under the new owner, the property qualified for a tax exemption in 2010,... Read More
Final Tally for Canceled Tunnel Nearly $600 Million
Nearly $600 million was spent before New Jersey Governor Chris Christie cancelled the ARC Tunnel Project last fall. Only $22 million was spent on actually constructing the project, with the majority of funds going to engineers and consultants. The remainder was spent on real estate related costs like eminent domain suits and negotiating with property... Read More
Bergen County “Group Homes” Entitled to Tax Exemption
Up to $1 Million Refund for Non-Profit Providing Integrated Residential Psychiatric Services The New Jersey Appellate Division recently reversed a decision by the Tax Court, which had denied tax exemptions under N.J.S.A. 54:4-3.6 for a seven-year period to an organization which provides communal supportive housing for psychiatric patients. At issue was whether homes owned by... Read More
Apples and Oranges? Another Tax Appeal Dismissed
Failure to make adjustments between alleged comparable sales and subject property spells doom for property owner’s tax appeal A New Jersey appellate court recently affirmed the opinion of the Tax Court upholding an assessment on plaintiff’s home. The plaintiff in Roberts v. Newark relied on sales data that he compiled himself and did not offer an... Read More
Brooke Shields to Play Susette Kelo in New Movie
Kelo v. City of New London is moving from a court case of a lifetime to a movie on the Lifetime Channel. The movie is based on the book “Little Pink House” about Susette Kelo and the Fort Trumbull section of New London’s fight against eminent domain for redevelopment purposes. Susette Kelo’s story became famous the United... Read More
Don't Bank On It!
Mortgage Lender’s Rights in Eminent Domain Cases May Outweigh Owner’s Property owners in eminent domain cases rarely own the condemned property outright, without any mortgages or other liens. Typically, the property owner took out a loan from a bank to purchase the property, and the bank obtained an interest in the property in the form of... Read More
Highlands Act Withstands Another Round of Legal Attacks
New Jersey appellate courts, in a series of published and unpublished opinions, recently addressed a variety of issues raised by the adoption of the Highlands Regional Master Plan (RMP) as required by the Highlands Water Protection and Planning Act (the Highlands Act), N.J.S.A. 13:20-1 to -35. The Council, on July 17, 2008, adopted the RMP... Read More
Legislative Reform For Tax Assessments On The Way?
Legislation seeks to create a more cost-effective and accurate process of real property tax assessments New Jersey property owners continue to struggle under a crushing property tax burden. Instead of pursuing substantive policy initiatives to alleviate local taxes, the Legislature is instead looking to make changes to the process through which property is assessed for... Read More
Montclair Tax Assessment: Might be Wrong, But Not In Error
Property Owner Incorrectly Argues for Refund Under Correction of Errors Statute Following Revaluation A taxpayer alleged that he had been overcharged for property taxes following a 2007 revaluation. The taxes increased on one unit he owned in a two-unit condominium in Montclair following the revaluation, and he alleged his land value was too high because the... Read More
