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Crossing the Line? Nebraska Plans to Use Eminent Domain to Take Land in Colorado

by: Michael Realbuto
19 Jan 2022
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

by: Matthew Erickson
12 Jan 2022
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?

by: Michael Realbuto
5 Jan 2022
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

by: Michael Realbuto
3 Jan 2022
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

by: Michael Realbuto
16 Dec 2021
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

by: Michael Realbuto
15 Dec 2021
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?”

by: Michael Realbuto
14 Dec 2021
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

What Can NJ Property Owners Expect from President Biden’s $1.2 Trillion Infrastructure Bill?

by: Michael Realbuto
29 Nov 2021
On November 15, 2021, President Joe Biden signed a $1.2 trillion federal infrastructure bill (the “Infrastructure Investment and Jobs Act”) that provides New Jersey with an estimated $12.3 billion in funding over the next five years to revitalize the state’s dilapidated roads, railways, bridges, and tunnels. While widespread infrastructure repair is long overdue in New... Read More

Making Amends: California Decides to Return Bruce’s Beach Almost a Century After the Pretextual Condemnation

by: Michael Realbuto
18 Nov 2021
In late September 2021, California’s Gov. 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. The property, widely known as Bruce’s Beach, was originally bought by Willa and Charles Bruce in 1912 and quickly became a thriving retreat... Read More

Farmland Assessment Case Won’t Be Decided ‘Till the Cows Come Home

by: Michael Realbuto
1 Nov 2021
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