BLOG: Property Tax Appeal

Court Rejects Another Attempt To Deny Farmland Assessment

by: Anthony F. Della Pelle
7 Mar 2013
For the second time in a little over month, the New Jersey Tax Court upheld a property owner’s protections under the Farmland Assessment Act of 1964.  Plaintiffs own 39.27 acres of which 38.27 acres of the parcel were farmland assessed.  In 2009, the plaintiffs filed an application for farmland assessment for the 2010 tax year. After... Read More

NJ Supreme Court: Failure to Name Correct Plaintiff Not Fatal to Tax Appeal

by: Anthony F. Della Pelle
31 Jan 2013
In July 2007, hotel operator WIH entered into a sublease agreement with Bocceli, LLC, who then became responsible for property tax payments on the subject property as part of an underlying long-term lease. In April 2008, the managing member of Bocceli visited the Township’s tax collector’s office to make a tax payment, and request that... Read More

Raw Deal by County Tax Board Overturned by Tax Court

by: Richard De Angelis
22 Jan 2013
In Schaefer v. Borough of Chatham  the Tax Court went on record with its concern that dismissals for lack of prosecution (“LOP”) by county tax boards “occur with much too great frequency” when this power was intended to be wielded sparingly. The County Tax Board rules provide that an appeal may be dismissed LOP where... Read More

Change of Use Required to Impose Rollback Taxes on Farmland Assessed Property

by: Anthony F. Della Pelle
21 Jan 2013
New Jersey’s Farmland Assessment Act has garnered media attention over the past couple of years because of the significantly reduced taxes that come with being identified as a farmland assessed property.  Farmland assessments are granted to encourage the preservation of farmland by providing a reduced assessment to land devoted to agricultural or horticultural use.  The rollback... Read More

No Second Bite at the Apple for Taxpayer

by: Anthony F. Della Pelle
14 Jan 2013
Following a revaluation by defendant West Caldwell, a pro se plaintiff successfully challenged the assessment of his property before the Essex County Board of Taxation.  Unsatisfied with his success, he then appealed for a further reduction to the Tax Court.  At trial, both parties provided comparable sales information which was rejected by the Tax Court.  A... Read More

Assessment Presumed Valid – Another Taxpayer Bites the Dust

by: Anthony F. Della Pelle
7 Jan 2013
A recent New Jersey Tax Court case affirmed the long-standing principle that a taxpayer has the burden of proving that the property tax assessment is erroneous.   A Monroe Township property owner appealed the judgment of the Middlesex County Board of Taxation to the Tax Court to challenge the affirmance of his 2009 assessment. Much... Read More

Taxpayers Strikeout in Chapter 91 Doubleheader

by: Richard De Angelis
2 Jan 2013
In two separate opinions issued on the same day, New Jersey Tax Court Judge Nugent dismissed two tax appeals because the respective taxpayers failed to respond to the assessor’s request for income and expense information pursuant to N.J.S.A. 54:4-34, also known as “Chapter 91”. In these cases, the taxpayers relied on arguments that have historically... Read More

Retail Landlord Prevails on Right to Control Tax Appeal

by: Anthony F. Della Pelle
10 Dec 2012
A recent decision by the New Jersey Tax Court has examined the limits of a commercial tenant’s right to control a property tax appeal on property which it leases.  Target Corp., one of six tenants at a retail strip mall, filed complaints challenging the assessments on the property for tax years 2009 and 2010.  The... Read More

Property Damaged By Sandy? Here’s What to Expect if FEMA Inspects the Property

by: Anthony F. Della Pelle
30 Nov 2012
If you have real estate that was damaged by Hurricane Sandy, and have made or plan to make a claim to FEMA for storm-related payments or benefits, you should be aware that applying for disaster-related assistance will trigger an inspection by FEMA personnel.  While many affected by the storm may only have limited access to... Read More

Chapter 91: Read Instructions Carefully Before Handling!

by: Richard De Angelis
26 Nov 2012
We have written extensively on this blog about N.J.S.A. 54:4-34, also known as “Chapter 91.” This statute allows a municipal tax assessor to request from commercial property owners certain income and expense information.  Failure to provide a timely response to such a request is grounds for a municipality to move to dismiss a tax appeal... Read More