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The Freeze Act: Waiver and Change in Value
The Tax Court recently addressed issues regarding waiver of the Freeze Act (N.J.S.A. 54:51A-8) as well as differences between an increase in value for Freeze Act purposes and what constitutes an added assessment. The taxpayer, 160 Chubb Properties, LLC (“Chubb”), argued it was entitled to Freeze Act application for the 2017 tax year while Township... Read More
Appraisers Beware: Use Competent Data!
In a recent Tax Court decision, Judge Kathi Fiamingo affirmed the Burlington County Board of Taxation’s judgment of a 2017 assessment of a single family residence where plaintiff’s expert did not present credible and competent evidence from which a true value could be adduced. When presenting evidence in a real estate tax appeal in New... Read More
5 Things You May Not Have Known About Eminent Domain
A Property’s Value Isn’t Restricted to Its Current Usage If the government wants to take your property, it is obligated to provide you with “just compensation”. Just compensation is usually defined as the amount of money that would make the property owner whole by indemnifying the owner for the loss resulting from the taking of... Read More
How to Appeal Your New Jersey Property Tax Assessment
Property owners in New Jersey typically receive their final tax bills each year in July or August. This causes many to evaluate their property tax burden and to determine if they can save money by filing a property tax appeal. Although many property owners may believe that their property tax assessments are set in stone,... Read More
Tax Court Denies City’s Motion to Dismiss for Lack of Prosecution
The Tax Court recently denied a motion by the City of Ventnor to dismiss an appeal brought by a property owner from a judgment of the Atlantic County Board of Taxation. The City claimed the owner failed to prosecute the tax appeal before the County Board when its counsel appeared, but presented no evidence and... Read More
Tax Court Denies Subpoena Request
A recent Tax Court decision concerned a subpoena regarding a non-party’s appraisal report and income and expense information relating to a 2018 property tax assessment. In Township of Gloucester v. Lakeview Realty Investment Associates, the court denied the municipality’s motion to direct a non-party bank to produce the above information, citing its relevance and plaintiff’s... Read More
Your TIN, Not Mine!
A recent Tax Court opinion focused on a technical issue not normally involved in a real estate tax appeal matter. New Jersey Tax Court Judge Jonathan A. Orsen, J.T.C. held that a tax refund check payable to an attorney trust account should be registered to the attorney’s taxpayer identification number (TIN), not the party’s TIN,... Read More
The Cost Approach: Hard Costs vs. Soft Costs in the Context of Tax Appeals
New home constructions often require that the property tax assessment which is then placed on a property be carefully examined. Generally, property assessments for the following year are set forth by the municipal assessor on October 1. However, if an improvement of a structure is completed after the regular assessment date of October 1, and... Read More
PennEast Pipeline Under Appeal to Federal Circuit Court of Appeal
On August 10, 2018, FERC issued an Order Denying Requests for Rehearing on its grant of a Certificate of Public Convenience and Necessity to PennEast Pipeline, LLC.2018-8-10 FERC Order Denying Rehearing. On August 13, 2018, New Jersey Conservation Foundation and Delaware Riverkeeper appealed. FERC issued its Certificate for the PennEast Pipeline in January of this... Read More
Catch 22: Court to Reexamine Williamson County and Federal Fifth Amendment Taking Rights
In Knick v. Scott, the United States Supreme Court will be analyzing a local ordinance adopted by the Township of Scott, Pennsylvania, which provides public access to cemetery properties. According to the ordinance, even if the cemetery is on private property, the property owner must allow public access onto the property to permit the public... Read More
