Legal Question in Tax Law in New Jersey

denial of house revaluation by county tax board

nj state certified appraiser hired by the township never entered the townhouse to revalue the property. This gave rise to a tax appeal before the county board. Township attorney argued the new assessment is fair based on the comparative sale submitted by me to the tax board. All 7 other townhouses were appraised by walk in and walk around the property - mine was not. I want to appeal to a higher court based on the fact that the appraiser did not follow the law with respect to doing an appraisal thereby declaring the new tax assessment void. Thank you


Asked on 1/03/06, 11:08 am

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: denial of house revaluation by county tax board

You do not say why he never made an actual physical inspection? Was he denied entry? Does your unit differ from comparables in any appreciable way, that would lower its value? While a physical ispection is important, I do not believe it is mandatory, for assessment purposes. My limited knowledge leads me to believe that if a physical inspection is not conducted, comparables are allowed and you would have the onus to dispute them by showing why a lower value should be placed on your unit; explaining what differences exist between your unit and those used as comparables.

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Answered on 1/03/06, 11:22 am
Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

Re: denial of house revaluation by county tax board

An actual inspection inside the property is not necessary for a Municipal Tax Appraisal. The key issue is whether your property is appraised similarly to the other townhouses in your development. Unless your appraisal exceeds 115% of the fair market value, you will not be able to effectively appeal. You should contact a tax attorney to give you the specific advice you need. For further information, please check my website www.taxesq.com.

I hope this helps!

Ronald J. Cappuccio, J.D., LL.M.(Tax)

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Answered on 1/03/06, 8:24 pm


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