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

by: Anthony F. Della Pelle
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

Owner’s Verdict Potpourri of Condemnation Valuation Principles

by: Joseph Grather
4 Mar 2020
Last month, the a New Jersey appellate court affirmed a $3,000,000.00 verdict rendered by a Camden County jury for the taking of an eight story 80,000 s.f. building in Camden City Center.  The full text of the opinion is here:   Estate of Rubin v. Camden Parking Authority.  The Parking Authority appealed arguing the owner’s valuation... Read More

Another Day, Another Sale Not Verified

by: Allan Zhang
17 Feb 2020
This matter stems from plaintiffs’, Anthony and Patricia-Miliano Paolo, 2019 appeal of their property in the Borough of Bradley Beach. Plaintiff petitioned to the Monmouth County Tax Board to reduce its assessment from $657,700 to $563,000. The Paolos provided the sales of three residences in the Borough but only relied on one as the best... Read More

Appraiser’s Lack of Verification of Data Leads to Affirmed Assessment

by: Allan Zhang
14 Feb 2020
In a recent Tax Court matter, the Plaintiff challenged the 2016 tax year assessment of property currently being occupied by a bank. The Bergen County Tax Board and the Tax Court affirmed the assessment. The Court’s legal analysis began with the well-established principle that the original assessment is entitled to a presumption of validity. MSGW... Read More

No Running From a Chapter 91 Request (It Runs With The Land!)

by: Allan Zhang
10 Dec 2019
In this recent tax appeal, plaintiff, Fulton Partners, LLC (“Fulton”) filed an appeal for tax year 2017. The City of New Brunswick (“New Brunswick”) moved to dismiss for Fulton’s failure to provide responses to its Chapter 91 request. The Tax Court granted New Brunswick’s motion in part and dismissed the tax appeal for lack of... Read More

Tax Court Denies Application of Single Economic Unit Doctrine

by: Allan Zhang
24 Oct 2019
In this Tax Court matter, Judge Jonathan Orsen denied Rutherford Borough’s (“Rutherford”) motion for partial summary judgement. Rutherford’s motion sought an Order directing that the parcels under appeal be treated and valued as a single economic unit along with two contiguous parcels owned by an unrelated party (not under appeal). Plaintiff, EGDC c/o AM Resurg... Read More

Federal Appeals Court Rules PennEast Cannot Haul State into Federal Court for Pipeline Takings

by: Joseph Grather
16 Sep 2019
We may be late to the party, as there has already been a lot of publicity over this decision, but thought we would add a few lines for our readers. The Circuit Court immediately explained that the District Court granted PennEast “orders of condemnation and preliminary injunctive relief for immediate access to the properties.” Slip... Read More

50 Year Old Newark Blight Designation Invalidated

by: Joseph Grather
29 Aug 2019
On August 16, 2019, the Honorable Thomas Vena, J.S.C. invalidated a 50-year-old blight designation of Plaintiff Benjamin Moore’s property in Newark, New Jersey.  The full text of the opinion is a worthwhile read and can be found here.  In one respect, it is a fountainhead decision because the Court invalidated a blight designation that had... Read More

Fore! State-Owned Golf Course Ruled Tax Exempt Due to Public Purpose Law

by: Thomas Olson
2 Aug 2019
The New Jersey Tax Court in Cream Ridge Golf, LLC, et. al., v. Township of Freehold examined whether a state-owned golf course (which is tax exempt) loses its exemption by leasing the property to a private entity for profit, then is the private entity also tax exempt? The Court said so long as the golf... 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