BLOG: Property Tax Appeal
Failure to Read Ordinance Leads to Appraisal’s “Fatal Flaw”
In two recent related matters, both with years 2016-2020 pending, Phillipsburg Mall c/o Namdar Realty Corp. v. Lopatcong Twp. and Phillipsburg Mall c/o Namdar Realty Corp. v. Pohatcong Twp., defendants filed motions under R. 4:40-1 for entry of judgments at trial. Judge Joshua Novin, J.T.C., granted defendants’ motions and affirmed the property tax assessments. The... Read More
Tax Court Declines to Increase Property Tax Assessments for Carteret Property
The Tax Court of New Jersey recently rendered a seventeen (17) page opinion in Carteret Holdings Urban Renewal, LLC v. Carteret Borough (hereafter “Carteret Holdings”) that affirmed the 2018 and 2019 tax assessments for a garden-style apartment complex located in Carteret Borough, Middlesex County, New Jersey. The unpublished opinion, written by the Hon. Mala Sundar,... Read More
Property Tax Relief Legislation Advances Through NJ Senate Committee
On January 27, 2022, the New Jersey Senate Community and Urban Affairs Committee unanimously approved two pieces of legislation impacting New Jersey property taxes. These proposed bills, S330 and S343, are lawmaker’s attempts to give some measure of property tax relief to New Jersey residents. Though they both take very different approaches to that relief,... Read More
New Jersey Enacts New Changes to the Casino Property Stabilization Act
On December 21, 2021, the Governor of New Jersey signed into law S4007, a bill that is meant to address the property tax payments made by Atlantic City Casinos. Previously, on December 20, 2021, the New Jersey Senate and the New Jersey Assembly had passed the bill with narrow margins. The Casino Property Stabilization Act... Read More
How To Win Your Property Tax Appeal? Here Are 5 Steps To Follow
It is important for New Jersey property owners to understand that property taxes are not fixed expenses. Successfully appealing your tax assessment may create opportunities for hundreds or even thousands of dollars in yearly savings. With that being said, below are five basic steps that can increase your chances of winning a tax appeal: Identify... Read More
Farmland Assessment Case Won’t Be Decided ‘Till the Cows Come Home
A recent Tax Court decision in 187 Dey Road Association, LLC v. South Brunswick by the Honorable Mark Cimino, J.T.C., chose not to address whether a 65-acre parcel of property should receive a farmland assessment or be obligated to pay rollback taxes. Rather, the Court held that summary judgment was inappropriate due to the factual... Read More
Tax Assessors Rejoice! App. Div. Allows Municipal Assessors to Serve as an Experts for Taxpayers Outside Their Municipality
A recent Appellate Division opinion in VNO 1105 State Hwy 36, LLC v. Twp. of Hazlet reversed a N.J. Tax Court order barring Theodore Lamicella, the Wall Township tax assessor, from testifying on behalf of a Hazlet Township property owner in a tax appeal. Plaintiff-taxpayer owned property in Hazlet Township, New Jersey tax appeals filed... Read More
Tax Court Reduces Multi-Year Tax Assessments for NJ Shopping Center
On September 13, 2021, New Jersey Tax Court rendered a fifty-four (54) page opinion in Green Eagle Property Resources, LP v. Mansfield Township (hereafter “Green Eagle”) that reduced the 2014, 2015, 2016, 2017, and 2018, multi-year tax assessments for a community shopping center located at 1885 State Route 57, Mansfield Township, Warren County, New Jersey.... Read More
A Valuation Dilemma: How Should Litigants Proceed When Confronted with an Eminent Domain Claim During the Pendency of a Tax Appeal?
While the real estate tax appeal process can ultimately lead to reduced tax burdens for New Jersey property owners, unique situations may arise during the pendency of an appeal that can pose a dilemma for litigants and practitioners. Specifically, a valuation conflict can arise if a property owner is confronted with a potential taking of... Read More
Reminder: Taxpayers Bear a Heavy Burden in Overcoming the Presumption of Correctness Afforded to Assessments
The New Jersey Tax Court has, once again, reiterated that taxpayers must produce sufficient evidence of true property value to overcome the presumption of validity that attaches to a county board of taxation’s assessment determination. In Faber v. Toms River Township, a self-represented taxpayer filed a complaint with the Tax Court contesting a judgment issued... Read More
