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Eminent Domain Moves from Front Page to Big Screen
The use and abuse of eminent domain has grabbed headlines across the country after the United States Supreme Court released its 2005 opinion in Kelo v. City of New London. Now eminent domain is taking over the big screen, with two movies focusing on the impacts that eminent domain can have upon a neighborhood and... Read More
Kearny Tax Structure Upheld on Appeal
Property Owners’ Due Process Rights Not Violated by Kearny Tax Structure A New Jersey appellate court has affirmed a Tax Court judge’s decision to dismiss a trade association’s complaint against the Town of Kearny. Plaintiffs argued that Kearny’s tax structure imposed charges for withheld services and created excessive assessments. Their complaint alleged Kearny’s tax structure was arbitrary... Read More
Stimulus Bill Analyzed by New Jersey Future
Summary Released on Effectiveness of New Jersey Stimulus Legislation to Aid Redevelopment A summary released by a New Jersey think tank makes suggestions on how to improve Assembly Bill 4084 which was adopted by the Legislature in 2009. The bill, available here in its pamphlet law form, sought to improve New Jersey’s economic climate through... Read More
April 1, 2011 Tax Appeal Deadline Looms
REDUCING REAL PROPERTY TAX EXPENSES IN THE CURRENT REAL ESTATE MARKET As certain sectors of the real estate market in New Jersey continue to be in flux, owners, operators and property managers of commercial, industrial and other investment properties may look to reduce real estate tax expenses by considering an appeal of their 2011 local... Read More
Mount Holly Gardens Redevelopment Challenge on Appeal
Mount Holly Gardens residents appeal federal court ruling in effort to stop redevelopment project. http://ping.fm/ba2b9 Related Articles Mt. Holly Gardens Project Survives Discrimination Claim (njcondemnationlaw.com)... Read More
Broker Denied Right to Intervene in Condemnation Case
Brokerage Fee Issue Considered “Peripheral” A trial court’s decision to deny a real estate broker’s motion to intervene into an existing condemnation action to argue for a brokers fee was affirmed after the Appellate Division found “those issues have nothing to do with adjudicating the fair market value of the property as determined by the... Read More
Hackensack Redevelopment Challenge Permitted Over Objection to Hearing Notice
Redevelopment Notice Statute Upheld as Constitutional on Appeal Despite categorizing certain notice provisions in New Jersey’s redevelopment statute as “spotty and incomplete” based upon the 2008 decision in Harrison Redevelopment Agency v. DeRose, 398 N.J. Super. 361 (App. Div. 2008), the New Jersey appellate court recently upheld the method by which planning boards must... Read More
Late Claim Allowed in Zoning Dispute
The New Jersey Supreme Court reinstated a dismissed complaint after finding that the forty-five day statute of limitations in R. 4:69-6(b)(3) should be enlarged because “‘it is manifest that the interest of justice so requires.’” The facts were undisputed. In May 2008 the Hopewell Township Planning Board granted preliminary site plan approval for a development... Read More
Senate Passes Tax Appeal Reform for Monmouth County
The New Jersey Senate has approved legislation that would establish a real property assessment “demonstration program” in Monmouth County. The bill, Senate Bill 2234, attempts to reduce costs while improving the accuracy of the property assessment process by addressing costs from successful tax appeals versus merely consolidating the county-based system. The new system shifts assessment,... Read More
Eminent Domain Reform Legislation Fails in NJ Senate
Last week, the New Jersey Senate failed to adopt the latest version of Senate Bill 1451 after the bill’s sponsor requested the bill be pulled with support from only 13 senators. The bill would redefine the term “blight” based on the New Jersey Supreme Court’s 2007 opinion in Gallenthin Realty Development Inc. v. Paulsboro, 191 N.J.... Read More
