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Should Governments Use Eminent Domain to Acquire Underwater Mortgages?
In an unprecedented move, a group of venture capitalists out of San Francisco hopes to convince county and local officials in California to use the power of eminent domain to seize control of private...
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“Special” Valuation Rules N/A To Environmentally Remediated Property
Yesterday a New Jersey appellate court narrowed the scope of a property owner’s liability for environmental remediation when the owner’s property is taken via eminent domain. In Borough of Paulsboro...
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More on Dune Replenishment – Taking Private Property Without Just Compensation
Photo courtesy of wirednewyork.com The Borough of Mantoloking is one of several beachfront municipalities that has asked owners of beach-front property to donate their private property to the...
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Experts’ Opinions Accepted Over Town’s Objections
Plaintiff Route 21 Associates challenged the assessments imposed by Defendant Township of Belleville on vacant land for tax years 2008, 2009, and 2010. The matter was scheduled for trial where the Tax...
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Town’s Failure to Treat Property Owner Fairly Leads to Reversal by Appellate...
A New Jersey appellate court recently reversed a trial court’s dismissal of a tax appeal, and found that the City of North Wildwood failed to act fairly in litigation with the property owner. The...
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Karan and Dune Replenishment: Where Do We Go From Here?
Karan property (photo courtesy of ctpost.com) Last week, the New Jersey Supreme Court threw its hat into the ring in the controversy between New Jersey’s municipalities and beachfront property owners...
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Dune Replenishment Case Settled, So State Gives Green Light To Acquire...
Today we may have learned why there has not been any noticeable progress in the government’s acquisition of approximately 1,000 dune easements in several municipalities on the Jersey Shore. This...
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NJ Appellate Court Confirms Property Owners’ Right to Compensation For Loss...
Ocean City, NJ, November 17, 2009 — Damaged dunes from Tropical Depression Ida and nor’easter in Ocean City. (Photo credit: Wikipedia) On October 28, 2013, the Superior Court of N.J., Appellate...
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Gideon’s Trumpet Continues to Sound
Gearing up for 2014, I came across a good read in a web magazine published by the International Right of Way Association. The article is a conversation with a “Fierce Advocate for Just Compensation” –...
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Experts’ Valuation Arguments Rejected as Net Opinion in Hoboken Taking
Hudson County Assignment Judge Peter Bariso recently rejected a property owner’s argument that the date of value should be a date earlier than the commencement of condemnation action on August 23,...
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Failed Redevelopment Site Succeeds in Tax Appeal
Property tax issues arise commonly when a property designated for redevelopment fails to become a reality as originally proposed. In Seaboard Landing, LLC (“Seaboard”) v. Borough of Penns Grove...
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Taxpayer Forced to Disclose Bank’s Mortgage Appraisal in Tax Appeal
Photo courtesy of wisegeek.com In the context tax appeals, municipalities and taxpayers will often bump heads about the disclosure of an appraisal report prepared by a mortgage lender. Although these...
View ArticleHow is “Just Compensation” Determined in Eminent Domain Matters?
In an eminent domain case, when a governmental agency or other condemning authority takes private property, the property owner is constitutionally entitled to received “just compensation” for the...
View ArticleLandlocked Property Yields Property Tax Reduction
Recently, in Acocella v. Cedar Grove, the Tax Court of New Jersey was asked to examine the value of a vacant landlocked parcel. The subject property is approximately one-acre and has no frontage or...
View ArticleProperty Owner’s Second Bite at the Apple Not So Tasty as the First
A New Jersey appellate court just affirmed the denial of property owner’s challenge to a condemnation premised on a failure of pre-complaint bona fide negotiations. Montclair v Cerino 2017 a0753-15....
View ArticleSCOTUS Rejects Bright-Line Rule, Adopts a Multifactor Standard in Relevant...
In the context of regulatory takings, issues often arise in identifying what the actual property consists of before the taking. Because the test for regulatory takings require the courts to compare...
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Testimony on Reasonable Probability of Zoning Change Not Limited to Real...
In a recent dispute before the Tax Court, the court addressed the issue of whether only a real estate appraiser may offer testimony as to the reasonable probability of a change in zoning of the subject...
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Stick to the Cost Approach When Valuing Nursing Homes
In two recent decisions, the Tax Court addressed the proper valuation methodology in determining the market value of nursing/rehabilitation facilities. In 962 River Ave., LLC v. Twp. of Lakewood, the...
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