BLOG:

Hackensack Redevelopment Challenge Permitted Over Objection to Hearing Notice

by: Anthony F. Della Pelle
19 Jan 2011
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

by: Anthony F. Della Pelle
17 Jan 2011
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

by: Anthony F. Della Pelle
12 Jan 2011
 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

by: Anthony F. Della Pelle
11 Jan 2011
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

ARC Tunnel Costs Continue to Mount

by: Anthony F. Della Pelle
10 Jan 2011
Report: ARC Tunnel costs already spiralled before project cancellation. http://ping.fm/Q0CWc... Read More

New transportation plan unveiled

by: Anthony F. Della Pelle
7 Jan 2011
Governor Christie unveils 5 year transportation plan: http://ping.fm/3e6fb... Read More

Mt. Holly Gardens Project Survives Discrimination Claim

by: Anthony F. Della Pelle
5 Jan 2011
Federal Court Finds No Disparate Impact on Low Income Property Owners Replacement of low-income housing by eminent domain with higher-priced homes as part of a redevelopment project does not constitute disparate treatment if all its residents, not just minorities, cannot afford to stay according to U.S. District Judge Noel Hillman.  In an opinion released on... Read More

Mobile Home Rent Control Ordinance Upheld by California Federal Appeals Court

by: Anthony F. Della Pelle
28 Dec 2010
The 9th Circuit Court of Appeals, in an en banc decision, reversed its earlier three judge panel decision which granted summary judgment for plaintiff’s claim that a rent control ordinance was a taking without just compensation.  Plaintiffs, collectively the Guggenheims, own a mobile home park in Goleta, California which they purchased in 1997.  The park... Read More

Federal Agency Releases New Appraisal Guidelines for Financial Institutions

by: Anthony F. Della Pelle
23 Dec 2010
 Financial institutions have new guidelines to follow when conducting real estate appraisals and evaluations.  The Interagency Appraisal and Evaluation Guidelines, which replace the 1994 guidelines, explain the minimum regulatory standards for appraisals.  Highlights from the Guidelines and its appendices include:   * recognizing that a borrower’s ability to repay real estate loans according to reasonable terms... Read More

Farmland Assessment Practices Growing Concern for Two Senators

by: Anthony F. Della Pelle
21 Dec 2010
 An article in the Asbury Park Press highlights the efforts of Senate President Stephen M. Sweeney, D-Gloucester, and Sen. Jennifer Beck, R-Monmouth, to end alleged abuses of the farmland assessment system  in New Jersey.  New Jersey law currently requires a minimum of five acres and $500 in sales to qualify for the reduced tax assessment.  Possible... Read More