Frequently Asked Questions

McKirdy, Riskin, Olson & DellaPelle, P.C. exclusively focuses on property rights law in New Jersey. We represent property owners in eminent domain cases, property tax appeals, and redevelopment matters. Our specialized practice covers everything from residential homes to commercial properties, industrial facilities, and special-purpose properties throughout the state.

Our firm has been protecting property owners’ rights since 1967, that’s over 57 years of dedicated service. This extensive experience means we’ve handled some of the most complex and precedent-setting cases in New Jersey property rights law, giving us unique insights into how to effectively advocate for our clients.

MROD’s senior partner, Anthony DellaPelle, is the only New Jersey attorney elected to serve as the state’s representative for the Owners’ Counsel of America. The firm has also been recognized by the Martindale-Hubbell Law Directory in the Bar Register of Preeminent Lawyers and designated as a Preeminent firm in the field of eminent domain.

In addition, our partners authored New Jersey Condemnation Practice, the leading treatise on the subject for the New Jersey State Bar Association, as well as the New Jersey chapter of the American Bar Association’s 50-State Survey on Eminent Domain.

The definition of eminent domain refers to the government’s constitutional power to take private property for public use, provided they pay just compensation. This power is derived from the Fifth Amendment of the U.S. Constitution and the New Jersey State Constitution. However, understanding the pros and cons of eminent domain is crucial as it allows for necessary public projects; however, property owners often receive initial offers far below their property’s true value.

Yes, but only under specific circumstances. The government must prove the taking serves a legitimate public purpose, and it must provide fair and “just” compensation. Understanding condemnation vs eminent domain is important: eminent domain is the power itself, while condemnation is the legal process used to exercise that power through a condemnation lawsuit. We examine whether the taking is truly for public use and fight to ensure you receive maximum compensation.

You’re entitled to the fair market value of your property, including the land, buildings, and business value if applicable. The government typically relies on a condemnation appraisal that often undervalues properties. Our track record includes cases where we’ve achieved compensation that is many multiples higher than initial government offers by conducting thorough valuations and aggressive advocacy.

In most cases, no. Initial government offers are typically based on conservative valuations that don’t fully account for your property’s true market value, business impacts, or relocation costs. Before accepting any offer, consult with an eminent domain attorney New Jersey property owners trust to evaluate whether the compensation is fair and to negotiate for better terms.

While not legally required, having experienced representation is crucial. The government has teams of lawyers and appraisers working to minimize what they pay. A property tax lawyer or eminent domain specialist levels the playing field, ensuring your rights are protected and you receive fair compensation. Our expertise has consistently delivered results that far exceed what property owners could achieve on their own.

You should consider filing an appeal if your property’s assessed value is higher than its actual market value, if comparable properties in your area are assessed lower, or if your property assessment increased significantly without corresponding improvements. The key deadline is April 1st (or May 1st in revaluation years) to appeal property tax assessment for most properties in New Jersey. Missing this deadline means waiting another year.

Savings vary depending on your property’s overassessment, but many of our clients save thousands to hundreds of thousands of dollars annually. For commercial properties, successful appeals can result in substantial reductions that improve your bottom line for years to come. We only recommend pursuing appeals when we believe there’s a strong case for meaningful savings.

Our fee structures vary depending on the case complexity and property type. We offer free initial consultations to evaluate your situation and explain potential costs and savings. For many property tax cases, we work on contingency or hybrid fee arrangements, meaning our compensation is tied to your success. This ensures our interests are aligned with achieving the best possible outcome for you.

Your property’s assessment is what the municipality determines for tax purposes, while actual market value is what a willing buyer would pay. These often differ significantly. Tax assessors may use outdated data, incorrect comparable properties, or overlook property defects. Examples of police power in real estate, such as zoning restrictions or environmental regulations, can also affect actual value in ways assessments don’t capture.

In New Jersey, there are protections against certain increases during the appeal process. While it’s theoretically possible for the municipality to argue for a higher assessment, this is rare. Our experience and strategic approach minimize this risk while maximizing your chances of a successful reduction.

Redevelopment occurs when a municipality designates an area as “blighted” or “in need of redevelopment,” potentially allowing the government to use eminent domain to transfer property to private “redevelopers”. This process should serve legitimate public purposes, but it’s sometimes misused. We help property owners challenge improper redevelopment designations and ensure fair treatment if their property is targeted.

A redevelopment designation must meet specific statutory criteria defined in New Jersey law. The area must genuinely meet the definition of blight or pose specific problems that redevelopment would address. We analyze the municipality’s findings, review the evidence, and challenge designations that don’t meet legal standards or are simply attempts to transfer property to private interests.

Potentially, yes. If the redevelopment designation is improper or the taking doesn’t serve a legitimate public purpose, we can challenge it in court. Many of our cases have successfully stopped wrongful redevelopment attempts. Even when redevelopment is legally justified, we fight to ensure you receive full and fair compensation for your property.

During your consultation, we’ll review your situation, examine any documents or notices you’ve received, and provide an honest assessment of your case. We’ll explain your rights, potential outcomes, and our recommended strategy. There’s no obligation, and the consultation helps you make an informed decision about how to proceed.

Our attorneys are among the most credentialed in New Jersey property rights law. One of  our partners is a  Certified Civil Trial Attorney by the New Jersey Supreme Court, a designation held by less than 2% of New Jersey attorneys. We’ve been recognized repeatedly in Best Lawyers in America® and Super Lawyers¹. Partner Anthony DellaPellealso recently served as Global Chair of the Counselors of Real Estate®, an elite international organization.

Yes, our practice is statewide. We’ve represented property owners in eminent domain, tax appeals, and redevelopment matters in counties throughout New Jersey. Our 57 years of experience means we understand local market conditions, assessment practices, and court procedures across the state.

Timelines vary significantly depending on the case type and complexity. Property tax appeals often resolve within several months to a year. Eminent domain cases can take longer, especially if litigation is necessary. Redevelopment challenges also vary based on the specific circumstances. We’ll provide realistic timeframes during your consultation and keep you informed throughout the process.

Our track record speaks for itself. We’ve saved clients millions of dollars through successful property tax appeals, secured compensation up to 45 times higher than initial government offers in eminent domain cases, and successfully fought wrongful redevelopment designations throughout New Jersey. Our precedent-setting cases have shaped property rights law in the state.

Contact us for a free consultation. Call us at (973) 539-8900 or reach out through our website. We’ll schedule a time to discuss your situation, answer your questions, and help you understand your options. The sooner you contact us, especially if you’ve received any government notices, the better we can protect your rights and interests.