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SCOTUS Declines DAPL Appeal: What It Means for the Dakota Access Pipeline
The Supreme Court’s decision to decline the DAPL appeal has significant implications for the future of the Dakota Access Pipeline. The Dakota Access Pipeline (DAPL) has been a focal point of controversy since its inception, primarily due to its environmental impact and the opposition from Native American tribes. The recent refusal by the Supreme Court... Read More
Beach Access in Focus Again — Spencer v Palos Verdes Estates – Cal App 2023
One of the many great things about attending the annual American Law Insititute Eminent Domain conference is learning about new cases. Spencer fits the bill – maybe not as a great case, but under the category of truth is stranger than fiction. It’s not technically an eminent domain or condemnation case, but it relates to... Read More
What Are Rollback Taxes? Understanding NJ Farmland Assessment Changes
New Jersey’s Farmland Assessment Act has been a topic of significant interest recently, particularly due to the substantial tax benefits it offers to qualifying properties. One crucial aspect of this act that property owners must understand is the concept of rollback taxes. These taxes play a vital role in maintaining the integrity of farmland preservation efforts, while protecting municipalities from potential misuse of the system. What Are Rollback Taxes?... Read More
Coney Island Redevelopment – Thunderbolt Roller Coaster Case
For my final post of 2023, a condemnation valuation case from neighboring New York. I don’t know whether the litigants referred to it as the “Thunderbolt Roller Coaster Case”, but I would have. The case offers an interesting perspective on three discrete valuation issues arising out of a partial takings redevelopment case. The opinion is... Read More
Jersey City: More Property Tax Refunds Means More Reverse Appeals
There is good news and bad news for Jersey City taxpayers. The good news first: Many taxpayers in Jersey City have successfully appealed their tax assessments (contact us for more details), thus rightfully receiving refunds on their over-assessed properties. So much so that a whopping $21 million... Read More
Tyler v Hennepin County Shockwaves Sounding in NJ Appeals Court
On December 4, 2023, a panel of the Appellate Division of the Superior Court of New Jersey published an opinion that adopted the holding of Tyler v. Hennepin County to reject one of appellant’s arguments. The case is captioned 257-261 20th Avenue Realty, LLC v. Alessandro Roberto, and the full text of the opinion is... Read More
Is Preliminary Entry a Taking Requiring Just Compensation?
The Eminent Domain Act of 1971 grants a condemnor a right to “preliminary entry.” The statute provides: “Prior to the commencement of any action, a prospective condemnor and its employees and agents, during reasonable business hours, may enter upon any property which it has authority to condemn for the purpose of making studies, surveys, tests,... Read More
A Primer on Valuing a Condemnation Case: The Sales Comparison Approach
In the typical condemnation case (if there even is such a thing as a “typical” case), the “fair market value” of the property taken, plus any damages to any remaining property is the measure of the award of just compensation. The appraisal profession employs the term “market value” defined as: The most probable price, as... Read More
First Highway Access Case Published In Years – Same As It Ever Was
For the first time in several years, the New Jersey Appellate Division has published an opinion interpreting the provisions of the State Highway Access Management Act, N.J.S.A. 27:7–89 to –98 (“the Act”), and the State Highway Access Management Code, N.J.A.C. 16:47–1.1 to –14.1 (the “Access Code”). The IMO Route 66 case presented the Court “with... Read More
Illinois Falls in Line With Kirby Forest and Reverses Big Tax Refund
The Illinois Supreme Court filed an opinion on September 21, 2023 in MB Financial Bank v. Brophy (opinion here). In 2018, the property owner filed a complaint seeking a refund for overpayment of taxes on the low-income apartment building known as Evergreen Terrace it operated in Chicago. The property owner claimed that it had... Read More
