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Tax Assessment & Condemnation Report

Category Archives: Settlement

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Locating Utilities – When Municipal Consent is Not Enough

Posted in Condemnation/Eminent Domain, Settlement, Utilities

Over the last decade, there have been numerous class actions regarding telecommunication companies’ use of railroad easements. In many of those cases, the telecommunication companies obtained permission from the railroad companies to locate their facilities, but failed to seek permission from the owners of the land upon which the railroad easements ran. These lawsuits have often been decided in… Continue Reading

Counties Taking An Active Roll In Property Tax Appeals – Why It Has Taken So Long

Posted in Assessments, Assessors, Settlement

“The times they are a-changin’”. In our field, this is best evidenced by upstate New York counties taking an active roll in defending property tax assessment appeals. Although counties in upstate New York have no assessment function and generally are responsible for only a fraction of any property tax refunds owed, lately it seems as though counties feel like they have been hung out to dry (or so… Continue Reading

Nassau Taxpayers Expecting Refunds May Have to Wait Until 2013 for Relief

Posted in Assessments, Assessors, Settlement

On August 8, 2012 Nassau County filed a Notice of Appeal, which stayed Judge Thomas Adams’ Order that required the County to pay property tax refunds within 60 days, or risk having its bank accounts seized. While the County stated it filed the notice of appeal to preserve its rights, the appeal only prolongs the inevitable: the County must return to its… Continue Reading

What’s wrong with Real Property Tax Law Section 727?

Posted in Assessments, Settlement, Valuation

  Real Property Tax Law Section 727 - the ”freeze” period after a property assessment appeal is settled or a judicial decision is issued that reduces the assessment. The goal of Section 727 is two-fold: first, it prevents assessors from changing an assessment (more likely, increasing an assessment) during the term of the freeze unless there is a revaluation, improvements/demolition, or occupancy changes in excess of 25%,… Continue Reading