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Court OKs Governor’s Executive Order Concerning Security Deposits

by: Anthony F. Della Pelle
21 Jul 2021
A New Jersey appellate court has upheld Governor Phil Murphy’s Executive Order No. 128, which permits residential tenants to use their security deposits to pay rent during the COVID 19 pandemic. The Executive Order, entered in April 2020, was one of many entered since last March in response to the economic and public health crises... Read More

When Will the Eviction Moratorium End?

by: Anthony F. Della Pelle
1 Jul 2021
As Covid-19 restrictions begin to be eased in New Jersey, especially with the removal of a mask requirement both indoors and outdoors for vaccinated individuals on May 28, life is slowly returning to a pre-pandemic level. However, one restriction which has remained is the eviction moratorium on residential evictions in New Jersey. Currently, New Jersey... Read More

PennEast Pipeline Prevails Because State Consented to Taking Under the “Plan of the Constitutional Convention” in 1787

by: Joseph Grather
30 Jun 2021
In a 5-4 decision issued yesterday, the United States Supreme Court answered the question “whether the Federal Government can constitutionally confer on pipeline companies the authority to condemn necessary rights-of way in which a State has an interest. We hold that it can.”  The full text of the opinion is here. By way of recap,... Read More

Cedar Point Nursery – Per Se Taking Found by United States Supreme Court

by: Joseph Grather
24 Jun 2021
[Photo Credit – NY Times 6-23-21] The US Supreme Court decided a takings case in favor of a property owner yesterday.  Cedar Point Nursery v. Hassid, ___ U.S. ___ (2021).  The Court found that there was a per se taking where governmental regulation permitted union organizers limited access to private farm property.    The full... Read More

Appellate Court: Ensure Your Address Is Current With The Tax Assessor, Or It May Cost You

by: Thomas Olson
18 Jun 2021
The Appellate Division recently decided a case between the City of Newark and IMJ1, LLC, regarding three parcels of property which IMJ1 owned in Newark. The three parcels of property were purchased in January 2017 and were characterized by IMJ1’s counsel as being abandoned. From January 2017 through the present day, IMJ1 never paid the... Read More

Are Property Taxes Too High In New Jersey?

by: Thomas Olson
16 Jun 2021
Pursuant to a recent Wall Street Journal article, a study conducted by the finance company Self found that the average New Jerseyan pays $931,000 in taxes in their lifetime. That ranks as the most of any state in the country. To put it into perspective, pursuant to the same study the average American pays $525,000... Read More

New Legislation: Make The Veteran’s Tax Exemptions Available for Co-Ops and Other Communal Housing

by: Thomas Olson
11 Jun 2021
The NJ Veteran Property Tax Exemption has been frequently discussed on this blog. For example, we blogged a case regarding the denial of a Veteran’s Tax Exemption because the deceased veteran never held a property interest nor had a Veteran’s Tax Exemption on the subject property. The Veteran’s Property Tax Exemption has been around since... Read More

The Process to Appeal Your New Jersey Property Tax Assessment

by: Thomas Olson
9 Jun 2021
Although many property owners may believe that their property tax assessments are set in stone, the truth is that property taxes are not fixed expenses. Tax assessments hinge on the assessor’s calculation of the market value of a property, and it is often the case that such calculations are inaccurate or not reflective of current... Read More

Eminent Domain in a Nutshell

by: Anthony F. Della Pelle
2 Jun 2021
Eminent domain has two different manifestations.  Most exercises of eminent domain involve takings initiated by government agencies or, in some cases, public utilities such as power or pipeline companies, of privately owned property. This often entails the seizure of land and buildings, as well as the creation of easements and other interests in property. According... Read More

Tax Court: Chapter 91 Request Must Be Unambiguous

by: Thomas Olson
1 Jun 2021
Chapter 91, codified at N.J.S.A. 54:4-34, has long been a tool used by municipalities to dismiss tax appeals. Chapter 91 applies to income-producing properties. The tax assessor mails the taxpayer a written request for the income and expenses on income-producing property. Those figures help the assessor determine the value of the property for the succeeding... Read More