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Towns Nationwide Swamped with Property Tax Appeals

by: Anthony F. Della Pelle
10 Dec 2010
Bloomberg Businessweek recently discussed the impact that tax appeals are having on municipal budgets around the country.  Towns are facing increased costs with decreasing revenues as property values plummet.  According to the article, residential home values are 30% below their 2006 peaks and commercial properties are 43% below their 2007 peak.  For more from the... Read More

Property Owner Keeps Tax Abatement After Municipality Failed to “Turn Square Corners”

by: Anthony F. Della Pelle
6 Dec 2010
 The New Jersey Tax Court recently rejected the City of Millville’s  argument that a five-year tax exemption and abatement awarded by the City’s tax assessor and ratified by its governing body should be rescinded because the property owner filed for the abatement four days late.  The property houses a Lowe’s Home Center, and is located in... Read More

Can a foreign corporation use eminent domain on U.S. Land?

by: Anthony F. Della Pelle
29 Nov 2010
The 4,000- mile long TransCanada Keystone Pipeline begins in Northern Canada, and moves southward into the United States, through North Dakota, South Dakota, Nebraska, Kansas, Missouri and Illinois.  The network is about five times the length of the trans-Alaska oil pipeline.  When complete, the project will deliver up to 1.5M barrels a day of crude oil... Read More

NJDOT Complaints Dismissed for Failure to Engage in Bona Fide Negotiations with Property Owners

by: Anthony F. Della Pelle
24 Nov 2010
The Bergen County Assignment Judge recently dismissed condemnation complaints filed by the New Jersey Department of Transportation (“DOT”) after its appraiser failed to consider the impact that the loss of access would have on business’s operating on the Route 46 Circle in Little Ferry, as well as potential flooding issues caused by the installation of... Read More

Appeals Court Denies Request for Expert’s Records

by: Anthony F. Della Pelle
22 Nov 2010
A recent New Jersey appeals court has ruled that a litigation expert’s financial records are not subject to disclosure.  This holding could impact eminent domain and real estate tax appeal litigation because both practices rely on expert opinions to establish a property’s value.  In the case in question, a plaintiff’s attorney in a personal injury case requested information from... Read More

Court Denies Discovery Request for Expert’s Financial Records

by: Anthony F. Della Pelle
22 Nov 2010
A recent New Jersey appeals court has ruled that a litigation expert’s financial records are not subject to disclosure.  This holding could impact eminent domain and real estate tax appeal litigation because both practices rely on expert opinions to establish a property’s value.  In the case in question, a plaintiff’s attorney in a personal injury case requested information from... Read More

Edward McKirdy named Eminent Domain Lawyer of the Year

by: Anthony F. Della Pelle
15 Nov 2010
Best Lawyers, the oldest and most respected peer-review publication in the legal profession, has named McKirdy & Riskin’s Edward D. McKirdy as the “Newark Area Best Lawyers Eminent Domain and Condemnation Lawyer of the Year” for 2011. After more than a quarter of a century in publication, Best Lawyers is designating “Lawyers of the Year”... Read More

Spring Lake Council Enacts Anti-Eminent Domain Ordinance by Overturning Mayor’s Vetoes

by: Anthony F. Della Pelle
10 Nov 2010
 The Spring Lake Heights Council voted 5-1 to overturn the Mayor’s vetoes on two ordinances previously adopted by the Borough Council.  The ordinances will prohibit pay-to-play for redevelopment projects, and the use of eminent domain when private property is being used for the purpose of privately funded economic development.  The ordinances were supported by residents... Read More

Monroe Township Ordered to Undertake Revaluation

by: Anthony F. Della Pelle
9 Nov 2010
The Tax Court of New Jersey recently granted an application by approximately 1,000 Monroe Township property owners which will require the Township to undertake a municipal property tax revaluation.  The plaintiffs claim that the “Chapter 123” equalization ratio for the Township is skewed and discriminatory based on the Township’s failure to properly categorize sales between 2001 and 2005. ... Read More

Eminent Domain Abuse in Newark Cited in New Report

by: Anthony F. Della Pelle
2 Nov 2010
A new report entitled “No Work In Newark: City Must Free Entrepreneurs” by the Washington, D.C. based Institute for Justice, as part of its City Study Series, repeatedly cites fear of eminent domain abuse as a major reason for Newark’s lack of new small businesses.  The report suggests that Newark should discontinue the use of eminent... Read More