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NJ Shutdown Challenge – I Can’t Rent My Beach House!

by: Anthony F. Della Pelle
1 May 2020
The first apparent challenge to New Jersey’s shutdown orders was filed this week by a Pennsyvlania doctor, who alleges that Governor Murphy’s Executive Orders have resulted in a taking of his Margate beach house – because the orders prohibit seasonal beach rentals and, as a result, he was required to refund a deposit on a... Read More

NJ’s Newest Executive Order Forecasts Future Emergency Seizures and Commandeering

by: Anthony F. Della Pelle
6 Apr 2020
On April 2, 2020, New Jersey Governor Phil Murphy signed Executive Order #113, which follows his prior Orders in our current state of emergency, and authorizes the NJ Office of Emergency Management and Department of Health to utlize provisions of the NJ Civil Defense and Disaster Conrol Act “take or use personal services and/or real... Read More

“Almost on time” Doesn’t Count For Tax Refund – Tax Court Orders Town to Pay Interest

by: Anthony F. Della Pelle
2 Apr 2020
There is a saying that “early is on time, on time is late and late is unacceptable.” While that is not true in all instances, the New Jersey Tax Court recently found that the payment of a tax refund owed as a result of Judgment issued pursuant to a settlement agreement two days beyond the... Read More

Two Worlds Collide: States of Emergency and Individual Rights

by: Anthony F. Della Pelle
30 Mar 2020
Since our last post several days ago, Can the COVID-19 Panemic Allow the Government to Seize My Private Property?, so much has happened in our world that it would be impossible to try and analyze or even digest all of legal issues that the state of emergency has presented relating to property rights and individual... Read More

Can The COVID-19 Pandemic Allow the Government To Seize My Private Property?

by: Anthony F. Della Pelle
can the government take private property
18 Mar 2020
As we endure the uncertainty that the COVID-19 pandemic has already brought to our families, businesses and communities, the declaration of a national emergency last week by President Trump under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as well similar declarations in New Jersey and other states, signal that our government agencies... Read More

Paying the Pied Piper: Third Circuit Court of Appeals Court Rules That State Law Applies in Federal  Eminent Domain Suit

by: Anthony F. Della Pelle
31 Jul 2019
In TENNESSEE GAS PIPELINE COMPANY, LLC v. PERMANENT EASEMENT FOR 7.053 ACRES, et als, the United States Court of Appeals for the Third Circuit faced an issue of first impression, and held that State eminent domain law must be applied in federal takings matters. Tennessee Gas Pipeline Company, a private utility corporation, holds   a certificate... Read More

TAKE THAT!! N.J. Legislature and Governor Fire Back at Recent Judicial Decisions Critical of Land Banking Processes

by: Anthony F. Della Pelle
16 Jul 2019
Last week, Governor Phil Murphy signed the “New Jersey Land Bank Law”, which now allows municipal agencies in New jersey to create “land banks” and “land banking” agencies to address and potentially revitalize “vacant, abandoned, and other problem properties” within their boundaries.  This law, P.L. 2019, c. 159, takes effect immediately, and appears to be... Read More

Knicks Win Big in Court, and on Court

by: Anthony F. Della Pelle
25 Jun 2019
Last week ended with big takings news for Knicks in both Pennsylvania and New York.  In New York, the Knicks professional basketball team “took” former Duke University star R.J. Barrett with the third pick in the NBA draft.  Barrett is thought by many to have been the best all around prospect in the draft, and... Read More

Taxpayer’s Effort to Increase Assessor’s Own Assessment Might be Frivolous and Trigger Sanctions

by: Anthony F. Della Pelle
29 Apr 2019
The New Jersey Tax Court recently issued an opinion regarding the timeliness of an application for sanctions and fees in connection with a property tax appeal filed by a resident who sought to increase the assessment on a home owned by a husband and wife who also are appraisers and local tax assessors.  The tax... Read More

Appellate Court: Mobile Home Park Can Satisfy Affordable Housing Obligation

by: Anthony F. Della Pelle
25 Apr 2019
A New Jersey appellate court recently held that a municipality may use its eminent domain powers to seize a mobile home park in order fulfill its affordable housing obligation.  The matter involved the taking by the Township of Robbinsville of a mobile home park owned by defendant, Mercer MHC, LLC, which contained approximately 14 acres... Read More