Residential Real Estate Tax Civil Remedies

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HomeAway Files Suit Against San Francisco Seeking to Block Online Vacation Rental Marketplace Ordinance

Online vacation rental marketplace HomeAway Inc. has filed suit against the City and County of San Francisco in an attempt to block a new law restricting home rentals in the City. HomeAway is requesting an injunction to...more

Mortgage Holder’s Petition to Set Aside Judicial Tax Sale Rejected

A panel of the Commonwealth Court held that the trial court properly denied a mortgage holder’s petition to set aside the judicial tax sale of a property in Lackawanna County due to alleged improper service of notice and...more

Even a Tax Authority May Sometimes Have to Pay

In Clinton County Treasurer v. Wolinsky, 511 B.R. 34 (N.D.N.Y. 2014), a Chapter 7 trustee sought to avoid a property tax foreclosure as a fraudulent transfer and then to recover damages from the foreclosing county. The...more

Amended Appeals Remedy Procedural Defect

A panel of the Commonwealth Court modified an order of the Monroe County Court of Common Pleas that quashed certain real estate assessment appeals filed on a consolidated basis, but permitted the property owners to file...more

Cities Entitled to Pre and Post Judgment Interest for Tax Administration Fees Improperly Calculated and Withheld by County

Seven cities brought a lawsuit against a county over the calculation of a fee that the county charges for the collection and distribution of property taxes to each city. A trial court entered judgment in favor of the cities...more

A valid Massachusetts testamentary trust may now arise under a will that was not fully executed (signed by the will witnesses)...

Massachusetts has broken new ground in allowing a will to be fully executed (signed by the will witnesses) after the death of the testator, with no time period specified. In the upcoming 2014 edition of Loring and Rounds: A...more

Cook County property owners can cut property tax bills by filing a protest in 2013

Each year, the Cook County Assessor reassesses one-third of the nearly 1.8 million parcels in Cook County. For 2013, the 13 townships located in the north and northwest sections of Cook County will be reassessed starting in...more

Annual Property Valuation Appeals

Those who pay property tax in Pennsylvania have an annual opportunity to appeal the assessed value of property. Deadlines for these appeals vary by county, but most are either August 1 or September 1, so now is the time to...more

Deadlines for Pennsylvania Real Property Tax Appeals

In view of current market conditions, now is a good time to review your company’s real estate portfolio to consider assessment appeals for tax year 2013. Ballard Spahr stands ready to assist you in these efforts. A list of...more

Philadelphia Common Level Ratio Drama Continues

In April, the State Tax Equalization Board (“STEB”) revised the 2011 Philadelphia common level ratio (“CLR”) upward from 18.1% to 25.2%. This increase came after the City of Philadelphia and the School District of...more

New York Court of Appeals: No Due Process Violation Where Municipality Fails To Give Property Owners Notice of Buyback Rights in a...

On February 21, 2012, New York state’s highest court unanimously refused to extend due process protection to property owners challenging a tax lien foreclosure sale on grounds that they did not receive notice of their...more

Appellate Court Reaffirms Exhaustion of Remedies Doctrine in Assessment Cases

Tax objection complaints can be brought in any Illinois circuit court to challenge the taxes, assessments, or levies on a parcel of real property. However, where a taxpayer is challenging the assessed value of its property,...more

Real Estate Alert - "Understanding Your South Carolina Property Tax Bill and Deciding Whether to Appeal"

Understanding South Carolina's real and personal property tax structure involves a trip back to your high school algebra class. Essentially, the amount of tax you owe depends upon three...more

Allegheny County Reassessment Update – More Details Released Regarding Appeal Deadlines

The formal appeal filing deadline is April 2, 2012, for all properties in Allegheny County. This is the deadline for filing appeals of both the "old" 2011 value, which will be in use for 2012 (i.e., a 2012 tax...more

Property Tax Reassessments Coming!

The Pennsylvania counties of Allegheny, Lehigh, Lebanon and Erie will be conducting countywide reassessments in 2012.  The reassessment notices from Allegheny County have already started to be sent to property...more

Real Estate Alert - "New Changes to the NC Property Tax Appeal Process"

According to ancient lore, the Mayans have long predicted 2012 might bring the end of the world.  The Mayans may not be correct about that, however, it is a certainty that 2012 will bring changes to property tax...more

Allegheny County Reassessment Update – More Details Released Regarding Appeal Deadlines

New Appeal Deadlines All property owners in the City of Pittsburgh, Mount Oliver and the municipalities generally east of Pittsburgh (east of the Allegheny and Monongahela Rivers) should have received reassessment...more

Allegheny County Reassessment Update – The Court Delays Implementation of the Reassessment Until 2013

Today Judge Wettick ruled that all jurisdictions in Allegheny County are to use the 2011 certified assessed values for 2012. During 2012, property owners and municipalities will have an opportunity to appeal the new...more

Allegheny County's Reassessment – December 2011 Update

The Supreme Court Rejects Allegheny County Council's Petition for Relief from the Reassessment, and the County Appeals Judge Wettick's "Two Track" Assessment Orders This week, the Pennsylvania Supreme Court denied a...more

Attention Owners of Income-Producing Properties in New Jersey: Protect Your Property Tax Appeal Position

Most New Jersey tax assessors have already mailed out Income and Expense requests pursuant to N.J.S.A. 54:4-34 (Chapter 91) for this year. Failure or refusal to respond to the request of the assessor within 45 days may result...more

Washington Adverse Possession Law Changed to Provide for Attorneys’ Fees and Payment

Parties to a lawsuit over adverse possession of real property will have some new provisions to take into account as a result of a new law passed by the Washington State Legislature and signed by the governor. Engrossed...more

The Latest Developments in Allegheny County's Anticipated 2012 Countywide Re-Assessment: County Council Asks the Pennsylvania...

On December 10, 2009, Allegheny County Court of Common Pleas Judge R. Stanton Wettick, Jr. entered an order requiring Allegheny County to conduct a countywide re-assessment for use in 2012, and establishing a schedule for its...more

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