Thursday, January 21, 2016

State of New Jersey Moves to Take Dune Easements by Eminent Domain


As previously reported here, shore residents who would not voluntarily dedicate dune easements to assist with beach replenishment efforts would face the threat of eminent domain to have the easements taken.  According to an article published January 16, 2016, the New Jersey Department of Environmental Protection has started eminent domain proceedings against five Point Beach, New Jersey homeowners to acquire the easements.

 
These filing are the first move taken to acquire the easements, but surely will not be the last.  The property owners have decided to legally reject previous demands that they voluntarily dedicate their privately owned property without what they feel is just compensation as required by the New Jersey and United States Constitutions.  I along with many others will follow these cases through the courts.

Steven E. Taylor, Esq.
Taylor Law Firm, LLC
www.TLF-LLC.com

Thursday, January 7, 2016

New Jersey 2016 Tax Appeal Season is Here

New Jersey 2016 Tax Appeal Season is Here......
 
Towns and boroughs in New Jersey will soon begin sending property tax bills for year 2016.  As has been widely reported, the state of New Jersey has some of the highest property taxes in the entire country. Many owners now owe more for their property than it's worth (also known as being underwater). Also, although the real estate market is trending upward, a number of property owners still have not recovered from the recent decline in market value.
 

Property tax appeals in New Jersey are governed by New Jersey Statutes, Title 54 Taxation. Appeals for any property (residential, commercial, agricultural and industrial) with an assessment that exceeds $1,000,000 have the option of filing with the County Board of Taxation or directly to the Tax Court. Properties assessed at less than $1,000,000 are required to first file an appeal with the County Board of Taxation. Following an unfavorable ruling, an appeal of the Board's judgment is then filed with the Tax Court who will provide a review of the Board's decision. The filing deadline for appeals before a County Board of Taxation or the Tax Court is April 1, 2016 or May 1, 2016 for towns undergoing a reevaluation.


 
Generally speaking, a property owner who can prove that their "true value" of property is more than 15% over that municipality's average ratio is legally entitled to a reduction. The 2016 average ratios for all New Jersey municipalities can now be found online. For example, an Englewood property assessed at $800,000 would need to prove a market value of approximately $710,000 or below to argue for a reduction. Evidence of market value is usually established through the preparation of an appraisal and testimony of an appraiser in order to rebut the municipality's assessment.

 
The Taylor Law Firm is thoroughly prepared to help owners through the upcoming property tax season. We partner with experienced appraisers ready to assist any owner, no matter the property type, in establishing a "true value" that will result in lowering assessments and taxes. Contact us to schedule an appointment for a no cost analysis of your particular situation.

 
Steven E. Taylor, Esq.
Taylor Law Firm, LLC