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$3.2 Million Settlement Obtained for Water Rights
The Morris County Municipal Utilities Authority agreed to pay $3,200,000 for a 35 acre tract of land in Roxbury, Wharton and Jefferson townships formerly owned by Farley Waterworks, LLC, which the MUA had condemned in 2003 for the specific purpose of using the property’s groundwater to supply drinking water to its customers. The MUA’s initial offer estimated... Read More
Mortgage Lender's Recovery of Interest on Condemned Parcel Limited by Appellate Court
On February 10, 2009, a New Jersey appellate court limited the rights of a mortgage lender to receive interest on property taken by eminent domian, upon which the lender held a mortgage at the time of the taking. The appeals panel ruled that the mortgage lender was only entitled to receive, in satisfaction of its mortgage,... Read More
Belmar Restricts Its Own Eminent Domain Power
The Belmar Borough Council voted 4-1 on February 25, 2009 to ban the use of eminent domain to take real property within a designated municipal “redevelopment area” and to convey it to a private developer, even though New Jersey law permits such condemnations to occur. Borough Councilman Matthew Doherty, who was in favor of the limitation, stated: “It’s... Read More
Pro Se Litigant Given Another Chance in Tax Appeal
A New Jersey appellate court provided an Essex County homeowner with another chance to prosecute a property tax appeal on his residential property in Newark. Clarence Paul Roberts, who had filed an appeal of his property tax assessment with the Essex County Board of Taxation and New Jersey Tax Court, had that appeal dismissed by the... Read More
Governor Corzine Executes "Pay to Play" Ban On Redevelopers
Effective November, 15, 2008, New Jersey redevelopment entities are prohibited from entering into redeveloment agreements with any private redeveloper that has made a contribution to a candidate, committee or election fund of any candidate for any State public office, including candidates for the office of Governor, Lieutenant Governor, party committee, legislative committee or legislative office... Read More
REDUCING REAL PROPERTY TAX EXPENSES IN A DOWN REAL ESTATE MARKET
APRIL 1, 2009 FILING DEADLINE LOOMS The recent economic turmoil has taken its toll on certain sectors of the real estate market in New Jersey. Owners, operators and property managers of commercial, industrial and other investment properties may look to reduce real estate tax expenses by considering whether to appeal their 2009 local... Read More
Eminent Domain Ban Ordinance Shelved by Monmouth County Town
An ordinance that would have banned most uses of eminent domain in Neptune Township was withdrawn at a January 26, 2009 meeting of the Town’s governing body, so that it could be revised and reintroduced with different provisions at a later date. The proponent of this ordinance, Township Committeeman Randy Bishop, pulled the proposed Ordinance... Read More
Eminent domain dispute divides neighboring towns
1/19/2009, 9:15 a.m. EST By DAVID PORTER The Associated Press “FAIRVIEW, N.J. (AP) — Bridget Tapkas is by no means the only New Jersey property owner to fight government efforts to acquire land under the state’s eminent domain laws. Her story has a twist, however: It’s a neighboring town that wants her property…” Read the... Read More
Frequently Asked Questions
Frequently Asked Questions regarding real estate tax appeals in New Jersey. Published in the Asbury Park Press, January 14, 2009 “Q: What is the basis of a property’s assessment? A: The state Division of Taxation annually conducts a fiscal year sales survey, investigating most property transfers in your municipality, with the local assessor assisting. Every... Read More
Appeals Court Refuses to Lower Tax Assessment for Environmental Cleanup Costs
A New Jersey Appellate Court recently affirmed the Borough of Hawthorne’s real property tax assessment on a contaminated parcel of land which had been historically used for the manufacture of industrial and commercial coatings, including nail polish. Pan Chemical Corp. v. Hawthorne Borough, Docket No. A-4779-06T1. The Court found that the Borough’s tax assessment,... Read More
