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Atlantic Yards Arguments Made to Court of Appeals
The New York Court of Appeals is hearing arguments today about the Atlantic Yards project, where challenges to the right to condemn were filed by several owners and interest groups. Lower courts upheld the condemning agency’s right to condemn. If the project proceeds, it would result in the development of a large mixed use project which... Read More
Tax Sale Certificate Holder Rights Upheld
In DSC of Newark Enterprises, Inc. v. South Plainfield Borough, decided October 6, 2009 (Approved for Publication in N.J. Tax Reports), the New Jersey Tax Court was confronted with an issue concerning the amount and allocation of a refund resulting from tax sale certificates that were issued as a consequence of nonpayment of taxes on the subject... Read More
Kelo Update: Eminent Domain in New London — Poetic Justice or Sour Economy?
What is happening in New London, Connecticut now, more than four years after the United States Supreme Court’s opinion in the Kelo v. New London matter? “There are a few signs of life: Feral cats glare at visitors from a miniature jungle of Queen Anne’s lace, thistle and goldenrod. Gulls swoop between the lot’s... Read More
Gloucester County Officials Consider Eminent Domain
Candidates for Gloucester County Freeholder were recently interviewed and asked about their opinions regarding the use of eminent domain. Read their answers in a recent Gloucester County Times article here.... Read More
Eatontown Adopts Ordinance Limiting Eminent Domain — Critics Question Its Effectiveness
The Borough of Eatontown has adopted an ordinance limiting its eminent domain powers, but the ordinance is subject to criticism by both borough residents and Mayor Gerald Tarantolo, who say the measure does not do enough to protect property owners. The ordinance, which was passed by a unamimous vote at the Borough Council’s Sept. 9 meeting, restricts... Read More
Too Many Towns Equals High Property Taxes
Too Many Towns Equals High Property Taxes NEW BRUNSWICK, NJ – “Recent studies by the Tax Foundation ranked New Jersey first in two categories residents and companies probably wished it did not: highest median property taxes and the least business-friendly tax structure in the US. According to the Washington, DC-based nonprofit organization, New Jersey took... Read More
Eminent-domain reform / When will it pass? – pressofAtlanticCity.com : Press Editorials
Eminent-domain reform / When will it pass? – pressofAtlanticCity.com : Press Editorials Posted using ShareThis... Read More
Morris County Tax Appeals on the Rise
The Morris County Daily Record has published a feature on rising property taxes in New Jersey entitled “Tax Crush”. Read more about the feature here and, in particular, about the increase in volume of real estate tax appeals filed by aggrieved property owners in Morris County in 2009 here. The attorneys at McKirdy & Riskin... Read More
Long Branch Settlement Spares Homeowners
The City of Long Branch has approved a settlement with several homeowners which dismisses the eminent domain actions the City had instituted against them in 2005. Under the settlement, the property owners, all of whom own homes in the MTOTSA (Marine Terrace, Ocean Terrace, Seaview Avenue) section of the Beachfront North area of Long Branch, will... Read More
Business Losses Are Compensable in Temporary Takings Cases
A New Jersey appeals court has held that a temporary taking of a commercial property for public infrastructure repair requires compensation for resulting business losses. In a July 27, 2009 opinion, the appellate court upheld a trial court’s dismissal of the New Jersey Department of Transportation’s attempted taking of such a property where its offer of... Read More
