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SCOTUS Declines to Hear Dakota Access Pipeline Case
Image courtesy of researchgate.net With over 7,000 requests for review per year, the Supreme Court of the United States has its hands full and hears only about 100-150 cases in a given year. One case that recently did not make the cut was an appeal submitted by the operator of the Dakota Access Pipeline... 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 The unpublished opinion, written by the Hon.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
NJ Property Tax Relief 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... Read More
Crossing the Line? Nebraska Plans to Use Eminent Domain to Take Land in Colorado
We often think of eminent domain as the inherent power of the government to take private land for a public purpose. But what about when one sovereign entity intends to take land from another? Let’s look at a recent interstate taking story from the Nebraska-Colorado border, where Nebraska Governor Pete Ricketts plans to use Nebraska’s... 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 Can A Taking By Eminent Domain Affect Your Taxes?
Having your property taken from you against your will can be difficult by itself, but losing your property and paying additional taxes after the property is taken is a harsh reality that many property owners face when confronted with eminent domain. In a prior blog post, we explained that the government has the inherent right... 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
East Orange Resident Faces an Uphill Battle After a Surprise Tax Foreclosure
Buying, owning, and securing property can be one of the most monumental and emotionally taxing periods in a person’s life. As John Adams once noted, “[p]roperty must be secured, or liberty cannot exist.” Discourses on Davila, in 6 Works of John Adams 280 (C. Adams ed. 1851). These principles are woven throughout the story of... Read More
Penn. High Court: Eminent Domain Power Not Required For Liability in Inverse Condemnation Action
In late November 2021, the Pennsylvania Supreme Court addressed a rather interesting question regarding inverse condemnation liability in Hughes v. UGI Storage Co., et al., No. J-69A-2021 (Nov. 29, 2021). There, the Court sought out to answer whether, to be held liable for damages under Pennsylvania’s inverse condemnation statute, an entity must be clothed with... Read More
What Is The Difference Between “Eminent Domain” & “Condemnation?”
While the terms “eminent domain” and “condemnation” are often used interchangeably, their true meanings may come as a surprise to most. Eminent Domain Vs. Condemnation Eminent domain is the inherent right or power of the government to “take” private property for public use. The New Jersey Supreme Court has noted that the right of... Read More
