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Want To File A Property Tax Appeal? You Gotta Pay! Except When…

by: Allan Zhang
11 Aug 2022
So, you just received your property tax bill and noticed the payment has increased and now want to reduce your property taxes.  Easier said than done, but do you have to pay the higher taxes in order to file the appeal? Usually, the answer is a resounding “yes.” This recent Tax Court opinion from Presiding... Read More

The Deed is Done: Bruce’s Beach Officially Returned to Family’s Descendants Almost a Century After Pretextual Condemnation

by: Michael Realbuto
10 Aug 2022
In November 2021, we blogged about a story where California’s Governor, Gavin Newsom, signed a law authorizing Los Angeles County to return a beach property taken by eminent domain back to descendants of the original property owners. That blog can be found here. Fast forward to mid-July 2022, an oceanfront ceremony officially marked the first... Read More

Morristown To Undergo Property Tax Revaluation

by: Anthony F. Della Pelle
4 Aug 2022
The Town of Morristown recently confirmed that it will be undertaking a municipal-wide revaluation of all properties in the Town, for the first time since a 2004 revaluation was performed. A revaluation program involves the mass appraisal and reassessment of all real property in a taxing district and is performed by an outside professional appraisal... Read More

New Tax Court Rules Proposed

by: Matthew Erickson
1 Aug 2022
On July 15, 2022, the New Jersey Supreme Court issued a Notice to the Bar which proposed changes to the New Jersey Court rules which would address Appellate Division opinions which are published in the New Jersey Tax Reports.  The proposed changes are open to comments through August 15, 2022. The Notice to the Bar... Read More

Denial of SCOTUS Review: Open Door for More Takings Under Kelo?

by: Michael Realbuto
27 Jul 2022
Our blog often focuses on Court action that shapes the law surrounding the substantial power of eminent domain. However, in some instances, Court inaction may lead to detrimental consequences for property owners when faced with a governmental taking. One notable example of Court inaction that is worth discussing is the case of Eychaner v. City... Read More

Do Me a Favor, Open The Door, and Let ‘Em In!

by: Anthony F. Della Pelle
26 Jul 2022
“Someone’s knockin’ at the door Somebody’s ringin’ the bell Someone’s knockin’ at the door Somebody’s ringin’ the bell Do me a favor Open the door and let ’em in” Paul McCartney, 1976 A recent opinion by the Tax Court of New Jersey reminded us of the Wings classic “Let Em In”, written by Paul McCartney... Read More

How Does a Reverse Mortgage Impact Your Recovery in an Eminent Domain Case?

by: Michael Realbuto
19 Jul 2022
Eminent domain is the inherent right or power of the government to “take” private property for public use. Notwithstanding that substantial power, the government may not take property for public use without paying the property owner “just compensation.” (Emphasis added). Generally speaking, the fair market value of the property taken, plus any damages to any... Read More

Oberlin Pipeline Challege Ends at DC Circuit Court of Appeal

by: Joseph Grather
18 Jul 2022
“Tin soldiers and Nixon’s coming We’re finally on our own This summer I hear the drumming Four dead in Ohio….” Ohio, Crosby Stills Nash & Young (Neil Young). Well, it’s not as drastic as “four dead in Ohio”, but I love the tune and the City of Oberlin’s appeal is now dead (unless miraculously revived... Read More

Missouri Revises Its Eminent Domain Laws, Protects Property Rights

by: Allan Zhang
13 Jul 2022
On June 11, 2022, Missouri’s Governor Michael Parson signed House Bill HB 2005 to reform the State’s eminent domain laws. The new legislation specifically targets use of eminent domain by electrical companies as well as application to farmland being taken. HB 2005 details that in order to use the power of eminent domain, electrical companies... Read More

Revocation of Highway Access Affirmed on Appeal

by: Joseph Grather
6 Jul 2022
On July 5, 2022, the Appellate Division affirmed a denial of direct highway access by the NJ Dep’t of Transportation. In re Revocation of the Permit for Direct Access to Route 206, Docket A-1958-18. Opinion here.  The property owner – Sylvia Zika – had litigated the denial of access through the entire regulatory process culminating... Read More