BLOG: Property Tax Appeal
Court Confirms Tenant’s Right To Control Tax Appeal and to Refund
In Aperion Enterprises, Inc. and Quo Non Ascendet, Inc. v. Borough of Fair Lawn, (July 24, 2009) (Approved for Publication in N.J. Tax Reports), the New Jersey Tax Court was confronted with the question of a tenant’s rights in the prosecution and resolution of a tax appeal. The Tax Court held that the tenant is... Read More
Legislature Approves Open Space Acquisition Funding
Both houses of the New Jersey State Legislature have approved a $400 million bond to fund the acquisition of open space, public recreation and conservation lands. The bill, entitled the “Green Acres, Water Supply and Floodplain Protection, and Farmland and Historic Preservation Bond Act of 2009,”, A-3901/S-1858, had bi-partisan support in the legislature and passed with... Read More
NJ Supreme Court: Towns Can't Require Developers to Set Aside Open Space
On June 25, 2009, the New Jersey Supreme Court unanimously upheld an appellate court ruling which declared that municipalities do not have the right to require developers to set aside land for open space or recreational facilities, or to require payments “in lieu” of such set asides, as a condition of development approvals. N.J. Shore... Read More
New Jersey Legislators Introduce New Eminent Domain Bill
After several years of debate, New Jersey legislators have introduced a new bill, co-sponsored by former proponents of previously failed legislation, which would revise the statutory requirements for eminent domain acquisitions in New Jersey. On June 15, 2009, two Democratic lawmakers introduced what they called a compromise bill, which they suggest is designed to allow redevelopment by... Read More
Another Unsuccessful Taxpayer Claim
A New Jersey appeals court rejected a commercial taxpayer’s claim that its local property tax bill was an unconstitutional fine, forfeiture or penalty because of a statutory sanction dismissing its appeal for failing to provide income and expense information to the local tax assessor. Davanne Realty v. Edison Township, Superior Court Docket No. A-0333-08T3, decided June... Read More
Cliffside Park Settles; Evades Ruling in Two-Town Dispute
The Cliffside Park Borough Council approved a settlement this week authorizing the purchase of commercial property located in Fairview, and privately owned by Pedigree Holdings, LLC, for $2.35 million. The settlement ended a protracted court case in which the limits of Cliffside Park’s eminent domain powers were tested because it had attempted to take the... Read More
Neptune Proposes Eminent Domain Ban
The Neptune Township Committee introduced an ordinance this week which would restrict the township’s use of its eminent domain powers in municipal redevelopment areas. The proposed ordinance would allow eminent domain to continue where the taking is required for “traditional” public use or public purposes, but would ban takings for redevelopment purposes where the properties... Read More
Property Owner's Challenge to Redevelopment Testing Dismissed as Moot
A New Jersey appellate court dismissed a property owner’s challenge to redevelopment activities in the Town of Kearny on the basis that the appeal was moot. Town of Kearny v. RLR Investments, Inc., Docket No. A-3174-07T2 (read the opinion here). The property owner, RLR Investments, owns and operates a commercial trucking terminal which is located in... Read More
Court Disapproves Averaging of Comparable Sales
A New Jersey appellate court recently held that a trial judge’s practice of averaging comparable sales in fixing the fair market value of real property is an improper valuation practice. In Pansini Custom Design Assocs. v. City of Ocean City, Docket No. A-2003-07T1, the plaintiffs owned a single family residence at the Jersey shore, which was... Read More
Taxpayer’s Appeal Denied, Found Insufficient to Constitute “Excessive Fine”
The challenge to a 2007 property tax assessment by a Bergen County property owner was denied by a New Jersey appeals court on the basis that the owner failed to provide income and expense information to the municipal tax assessor as is required under New Jersey law. 1717 Realty Associates v. Borough of Fair Lawn,... Read More
