BLOG: Property Tax Appeal
Hospital’s Off-Site Physical Therapy Center Granted Property Tax Exemption
A New Jersey appellate court has held that Hunterdon Medical Center (“HMC”) is entitled to a local property tax exemption for that portion of an off-site Health and Wellness Center (“Wellness Center”) operated by HMC to provide physical therapy (“PT”) service. HMC also provides cardio-pulmonary rehabilitation (CP Rehab) at the Wellness Center, which is located... Read More
Tax Court Lacks Authority to Reduce Tax Payments and Penalties During Pending Appeals
The Presiding Judge of the New Jersey Tax Court recently held that N.J.S.A. 54:3-27 and N.J.S.A. 54:51A-1 do not authorize the court to reduce a taxpayer’s ongoing local property tax obligation and eliminate interest and penalties for failure to pay the total taxes due to the municipality. Plaintiff filed a motion seeking a reduction in... Read More
Newark Trucking Facility Not Blighted
A Newark property owner, CD Development, LLC, challenged a 2005 blight designation which led to its property being designated as an area in need of redevelopment. The five acre property is used as an active trucking facility. Newark’s planning expert concluded the property satisfied the Local Redevelopment and Housing Law (LRHL) criteria in N.J.S.A. 40A:12A-5(e), the... Read More
Asbury Park Property Owner Wins Opportunity to Seek Amendment to Redevelopment Plan
The Appellate Division of the New Jersey Superior Court has reversed a trial judge’s decision that property within a redevelopment area in Asbury Park was “unzoned” because it was exempted from eminent domain as part of a redevelopment plan. The subject property, formerly owned by the Salvation Army, was exempted from eminent domain under the... Read More
Lyndhurst Borrows Nearly $4 Million to Refund Successful Tax Appeals
The Township of Lyndhurst introduced a $3.75 million bond ordinance last week to refund taxpayers who pursued successful property tax appeals between 2006 and 2009. Officials cite successful commercial appeals as creating the largest exposure for the Township. According to Mayor Richard DiLascsio, “Our biggest hit came from the Meadowlands. When you see someone come... Read More
United States Supreme Court Declines to Hear New Jersey Highlands Act Case
The United States Supreme Court has declined to hear arguments in a case challenging the New Jersey Highlands Act filed by several families who own farmland in Warren, Hunterdon and Morris counties. The property owners argued that their properties were devalued by the Act because the legislation made it impossible for those properties to be sold... Read More
Rehearing Ordered on Interest Rate Decision in Long Branch Taking
Failure to Provide Evidentiary Hearing on Interest Rates Requires Remand A New Jersey appellate court recently held that a Monmouth County Superior Court trial judge erred by failing to hold an evidentiary hearing in a Long Branch redevelopment taking case, pursuant to N.J.S.A. 20:3-31 and -32 after it was requested by the property owners. The... Read More
Municipalities Reassessing Properties Despite Recent Revaluations
A recent article in the Star-Ledger highlights the large number of towns that are having their local tax assessors conduct reassessments, despite having recently hired private companies to conduct town-wide revaluations. Many towns conducted revaluations during the real estate boom, but are now trying to bring property assessments back in line with market values. Revaluations... Read More
Tax Break Denied to Developer in Jersey City
After purchasing the site known as 77 Hudson in 2006 for $65 million, developer K. Hovnanian recently had its lawsuit seeking a better tax abatement dismissed with prejudice by a Superior Court judge. The project first gained notoriety when one of the project’s units sold for $6 million several years ago. K. Hovnanian sought a... Read More
Eminent Domain Questions Asked of U.S.Supreme Court Nominee Elena Kagan at Confirmation Hearings
Even before Senator Charles Grassley (R. Iowa) questioned Supreme Court nominee Elena Kagan on July 1, 2010, about property rights and the Court’s Kelo decision, the media expected and suggested that she address the topic. See Christian Science Monitor ; or George Will’s column from the Washington Post. Senator Grassley was not satisfied with Kagan’s answers... Read More
