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South Carolina: Attorneys' Fees Can't Be "Taken"
Court Holds Appointed Attorneys’ Time is Compensable Property As our colleague from Hawaii, Robert Thomas, recently posted in his excellent blog, inversecondemnation.com, the South Carolina Supreme Court has ruled that an attorney’s services constitute a property right which entitles the attorney to just compensation under the Takings Clause of the Fifth Amendment. An appointed attorney sought removal as appointed counsel... Read More
Owner Takes Action: Taxes are Too Darned High
Historic Home Razed Because Property Taxes Were Too High for Owner The owner of the historic 1924 Dubois estate in Ocean City claims he had to raze the building because he was unable to find a buyer for the property, and he could not continue to pay the property taxes on the estate. The property... Read More
California Town Tries the Back Door
Organizations Claim National City, CA Now Attacking Businesses through Rezoning Rather than Eminent Domain Following a successful challenge by the Community Youth Athletic Center – a club where teenagers train in boxing and receive tutoring for school classes – to a blight designation, National City, California, has decided instead to rezone the redevelopment area. However,... Read More
Harrison Redevelopment: With Slow Going, Fiscal Health Is Questioned
A recent story by Romy Varghese of Bloomberg News questions the economics of the Harrison redevelopment project, which includes the Red Bulls soccer stadium, a new commuter parking deck adjacent to the Harrison PATH station, and one multi-family residential construction project which is now underway. The article, available here, reports that the Town of Harrison... Read More
Tax appeal refunds continue to take bite out of municipal budgets.
The Edison Township Council recently approved settlements in 75 tax appeals for the 2010 tax-year that will result in $6.5 million in refunds. The refunds will be funded through cash disbursements or as a credit on future tax bills. The problem for Edison is that there are more than 100 tax appeals for the 2010... Read More
Mt. Holly Gardens Project on Hannity Show
Talk Show Host Highlights Property Owners’ Redevelopment Plight Talk show host Sean Hannity aired a segment titled “American Dream Becomes Eminent Domain Nightmare in New Jersey” on his nationally syndicated show. The segment highlights how the threat of eminent domain has been used to acquire property in Mt. Holly, New Jersey, while leaving the remaining... Read More
With summer upon us, let's go to the beach…if we can access it.
Local Beach Access Plan Draws Ire of Environmental Groups Environmental groups voiced concerns through postcards and press conferences over proposed rules they claim would restrict rather than enhance access to New Jersey’s beaches. A proposed plan would permit local towns to establish access plans that would be reviewed by the State. The Department of Environmental... Read More
Asbury Park Heads to Arbitration with Redeveloper
Court-ordered arbitration hearings are scheduled to begin in early June under the supervision of retired U.S. District Court Judge Nicholas H. Politan. At issue is whether Asbury Park’s designated redeveloper breached the terms of the redeveloper agreement and is now in default. The original redeveloper, Asbury Partners, lost control of approximately 70 to 80 properties to its lender... Read More
Long Branch Considers Rehabilitation in Lieu of Redevelopment
The City of Long Branch has asked its planning board to examine whether the Broadway Arts, Broadway- Gateway and Beachfront South redevelopment zones could be designated as rehabilitation zones. According to Long Branch Mayor Adam Schneider “The ability to have enhanced zoning and planning and the benefits of it are enormous.” Property owners who spoke at... Read More
Failure to Pay Taxes at Time of Appeal Proves Fatal to Commercial Property Owner
In consolidated matters, a New Jersey appeals court considered whether a State law requiring that all municipal taxes be current for the tax year under appeal may be relaxed. Pursuant to N.J.S.A. 54:51A-1(b): “At the time that a complaint has been filed with the Tax Court seeking review of judgment of county tax boards, all... Read More
