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Eminent Domain Ban Ordinance Shelved by Monmouth County Town

by: Anthony F. Della Pelle
27 Jan 2009
An ordinance that would have banned most uses of eminent domain in Neptune Township was withdrawn at a January 26, 2009 meeting of the Town’s governing body, so that it could be revised and reintroduced with different provisions at a later date.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

by: Anthony F. Della Pelle
19 Jan 2009
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

by: Anthony F. Della Pelle
14 Jan 2009
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

by: Anthony F. Della Pelle
14 Jan 2009
  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

Tax appeal mania not fading away

by: Anthony F. Della Pelle
13 Jan 2009
Monday, January 12, 2009 Last updated: Monday January 12, 2009, 7:29 AM BY PAUL BRUBAKER Herald News   “Thousands of tax appeals have been filed in Passaic County in recent years, and local officials say the trend is expected to continue as government expenses increase, the housing market is stifled by a lack of available... Read More

Hannity & Colmes Honored for Eminent Domain Coverage

by: Anthony F. Della Pelle
12 Jan 2009
On Tuesday, January 6, the Owners’ Counsel of America presented  Sean Hannity & Alan Colmes, of Fox News “Hannity & Colmes,”  with the Crystal Eagle award in recognition of their contributions towards the protection and promotion of  private property rights.  Hannity & Colmes recent coverage of stories involving eminent domain abuse, including its broadcasts regarding the story of  Johnnie Stevens, a decorated... Read More

Owners’ Counsel of America to honor Hannity & Colmes

by: Anthony F. Della Pelle
6 Jan 2009
On Tuesday, January 6, the Owners’ Counsel of America will honor Sean Hannity & Alan Colmes, of Fox News “Hannity & Colmes,”  by presenting the Crystal Eagle award in recognition of their contributions towards the protection and promotion of  private property rights and exposing eminent domain abuse.  Owners’ Counsel of America,  http://ownerscounsel.com/, is a network of experienced... Read More

The Long Arm of Eminent Domain

by: Anthony F. Della Pelle
19 Dec 2008
The Long Arm of Eminent Domain Reaches into Neighboring Town By Henry Gottlieb New Jersey Law Journal http://www.law.com/jsp/article.jsp?id=1202426927112&rss=newswire December 16, 2008 “Giving a novel twist to the debate on government takings, a town in Bergen County is trying to condemn property half a mile beyond its border in a municipality next door. Cliffside Park filed... Read More

Fairview joins eminent domain battle

by: Anthony F. Della Pelle
15 Dec 2008
Cliffside Park-Fairview eminent domain battle Monday, December 15, 2008 “WHAT’S NEW: Fairview formally joined a borough businesswoman in her lawsuit against Cliffside Park. Bridget Tapkas, co-owner of a Broad Avenue car dealership in Fairview, said that Fairview’s support will provide her with more leverage against Cliffside Park, which is trying to condemn property that she... Read More

NJ Supreme Court upholds Highlands Act

by: Anthony F. Della Pelle
15 Dec 2008
The New Jersey Supreme Court recently held that an inverse condemnation did not occur in a takings case involving the application of the New Jersey Highlands Act with respect to a development tract owned by OFP, LLC in Morris County.   According to the Supreme Court, which upheld an earlier opinion by the Appellate Division of the New... Read More