Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: June 8, 2013
The Firm
201-896-4100 info@sh-law.comBy statute, each assessment is accorded a fifteen percent (15%) safe harbor in recognition of the fact that appraisals and assessments are not an exact science. However, an additional burden placed upon the Taxpayer is to overcome a presumption that the assessment is valid. Without overcoming this presumption, the Taxpayer is not even permitted to prove the fifteen percent (15%) or greater differential.

In a recent decision, Dericks v. Borough of Bradley Beach (Docket #13772-2012 J. Sundar), the Tax Court reviewed the appeal of the Taxpayer from a County Board Judgment that reduced the assessed value on a condominium from Three Hundred Fifty Thousand Dollars ($350,000.00) to Three Hundred Nine Thousand Dollars ($309,000.00). The Taxpayer urged the Court to find a further reduction to Two Hundred Forty-Five Thousand Dollars ($245,000.00) and the Town also appealed seeking a reinstatement of the original assessed value. In reviewing the proofs presented, the Court rejected the comparables and the adjustments provided by both parties. While both parties agreed that a certain particular unit sale was an appropriate comparable sale, the Court found both parties reasoning flawed when adjusting that sale to utilize it for comparability purposes as to the subject property. Moreover, the Town offered only one (1) other property as a comparable and the Taxpayer offered none.
Based upon the paucity of information available before the Court, the Court felt constrained to leave the judgment of the County Board intacted holding that such proofs were insufficient to overcome the presumption of validity.
This case is instructive to any residential property owner attempting to challenge the assessment on his/her home. To overcome the presumption of validity, you must give the Court the ability to find that there is something dramatically wrong with the assessment. This is done by providing sufficient comparable sales along with adjustments of those sales to make them relevant to your property. Adjustments include raising or lowering the assessment based upon size of the property, number of bedrooms, bathrooms, age of the kitchen, size of the land and other relevant matters that would influence valuation. In small matters such as a residential appeal where typically a taxpayer is unrepresented by counsel, the Taxpayer is going unarmed against a professional in the form of the local tax assessor. The more information you can provide to the Court, the better equipped you will be to overcome the presumption of validity and be permitted to prove your case.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Before buying property, it is critical to determine whether local zoning laws may affect your plans. If you plan to redevelop the property, you will want to confirm that local zoning regulations permit development as intended. If acquiring property that is already developed, you must verify that the use is permitted in the underlying zoning […]
Author: Wendy Rubinstein Quiroga

For parents of a child with a disability, estate planning raises concerns that go well beyond deciding who will inherit their assets. Parents may spend years making sure their child has the right care, services, and support. Eventually, they must also confront a difficult question: Who will take over when they can no longer do […]
Author: George McGowan

Before buying a New Jersey rental property, an investor should verify realistic operating numbers, the property’s legal and regulatory status, lead-based paint and flood compliance, the existing leases and tenant protections, and the right ownership structure. A rental property is more than a piece of real estate; it is an operating business subject to legal, […]
Author: Donald M. Pepe

In New Jersey, an irrevocable trust can sometimes be modified even though its name suggests otherwise, and one of the primary tools for doing so is a process called decanting. Whether decanting is available depends on the specific terms of the trust and the discretion given to the trustee. Key takeaways: New Jersey has no […]
Author: Marc J. Comer

Intellectual property valuation determines the monetary value of a business’s IP assets, and it drives outcomes in licensing deals, joint ventures, mergers and acquisitions, financing, and ownership disputes. The most valuable assets of a business are often the things that cannot be seen or touched: a proprietary process, a copyrighted work, brand recognition, or the […]
Author: Jay McDaniel

For New Jersey data center owners and operators, a service agreement may look routine when it is signed. The network is functioning, the vendor is meeting its installation schedule, and the parties have agreed on pricing and performance specifications. The provisions that seem most important at that stage are often the technical ones. That changes […]
Author: George McGowan
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!