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Property Rights Trampled by COVID-19

by: Joseph Grather
22 Apr 2020
The United States District Court for the Northern District of Florida just denied a temporary injunction to a group of beachfront property owner’s suing to enjoin a governmental Order that temporarily and totally denied their use and enjoyment of private property.  The Order denied access to the owners private beach. If you have 5 minutes,... Read More

Town Looks Gift Horse in Mouth – Gets Bitten

by: John H. Buonocore, Jr.
15 Apr 2020
NJSEA v. Kearny A recent Appellate Division decision affirmed a trial judge’s award of  just compensation concerning the taking by a State agency of a municipal landfill in Kearny.  The award matched the amount of the condemning agency’s appraisal, and both the trial and appellate court’s rejected entirely the municipal property owner’s theory of value. ... Read More

Tax Appeals – Must Provide Sufficient Evidence

by: Allan Zhang
13 Apr 2020
A recent Tax Court opinion by Judge Mala Sundar provides another example of the sufficient evidence necessary to successfully challenge a tax assessment at the Tax Court level. Here, pro se plaintiff, Leena Aggarwal (“Aggarwal”), filed a tax appeal with the Monmouth County Tax Board to reduce the $456,700 assessment on his single-family colonial. Aggarwal... Read More

NJ’s Newest Executive Order Forecasts Future Emergency Seizures and Commandeering

by: Anthony F. Della Pelle
6 Apr 2020
On April 2, 2020, New Jersey Governor Phil Murphy signed Executive Order #113, which follows his prior Orders in our current state of emergency, and authorizes the NJ Office of Emergency Management and Department of Health to utlize provisions of the NJ Civil Defense and Disaster Conrol Act “take or use personal services and/or real... Read More

“Almost on time” Doesn’t Count For Tax Refund – Tax Court Orders Town to Pay Interest

by: Richard De Angelis
2 Apr 2020
There is a saying that “early is on time, on time is late and late is unacceptable.” While that is not true in all instances, the New Jersey Tax Court recently found that the payment of a tax refund owed as a result of Judgment issued pursuant to a settlement agreement two days beyond the... Read More

Two Worlds Collide: States of Emergency and Individual Rights

by: Anthony F. Della Pelle
30 Mar 2020
Since our last post several days ago, Can the COVID-19 Panemic Allow the Government to Seize My Private Property?, so much has happened in our world that it would be impossible to try and analyze or even digest all of legal issues that the state of emergency has presented relating to property rights and individual... Read More

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