Gibbons Law Alert

Gibbons Law Alert

Category: Transactional Real Estate and Leasing

New Jersey’s Time of Application Law Takes Effect Today to Lock in Zoning

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Posted in Development/Redevelopment / Transactional Real Estate and Leasing

On May 5, 2011

The long-awaited “time of application” law, which locks in zoning under New Jersey’s Municipal Land Use Law at the time an application for development is filed, takes effect today. The law was intended to undo the “time of decision” rule under which the New Jersey Supreme Court, in Manalapan Realty v. Township Committee, 140 N.J. 366 (1995), decided that a municipality could change its zoning to negatively affect or even prohibit a project which was already under review by the municipal planning board. As a result, developers often were at peril if community opposition developed during the review and approval process and a change in regulations followed.

Whose Interest is it Anyway?: How the Town of Kearny, N.J. Stumbled on the Condemnation of a Leasehold Interest

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Posted in Development/Redevelopment / Transactional Real Estate and Leasing

On April 7, 2011

Last month, the New Jersey Supreme Court issued an opinion in Town of Kearny v. Discount City of Old Bridge, which refined and further complicated the process of condemning a leasehold interest. The decision also called into question condemnation provisions in existing leases. The atypical facts in the case likely led to the complex conclusion. The Town of Kearny designated an industrial area as an area in need of redevelopment pursuant to the Local Redevelopment and Housing Law.

Proposed Legislation Will Require Shopping Center Developments in NJ to Provide Charging Stations for Electric Vehicles

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Posted in Development/Redevelopment / Environmental and Green Issues / Transactional Real Estate and Leasing

On March 30, 2011

One of the problems with electric cars (EVs) is – what do you do when the battery runs down? Currently there are 500 charging stations in the United States and 400 of them are in California. In an attempt to address the dead battery problem and encourage purchase of EVs, on March 21, 2011, the New Jersey State Senate introduced Bill S2784 (the “Bill”) which requires owners of shopping center developments to include charging stations. Under the Bill, owners of a “shopping center development” must equip not less than five (5%) percent of the parking spaces for the shopping center development with electric vehicle charging stations. Moreover, such stations must be available for use during the hours of operation of the shopping center development.

Deadline to File Real Estate Tax Appeals in New Jersey is Rapidly Approaching

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Posted in Transactional Real Estate and Leasing

On February 28, 2011

The deadline to file real estate tax appeals in New Jersey to challenge the assessment of real property is April 1 (or 45 days from the bulk mailing of assessment notices, whichever is later). Given widespread declines in market values in recent years, there may be an opportunity for property owners — particularly owners of multifamily, commercial and industrial property — to reduce their assessments, and hence their property taxes, by filing a tax appeal.

Gibbons Real Property & Environmental Law Alert Nominated for LexisNexis Top 50 Environmental Law & Climate Change Blogs for 2011

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Posted in Development/Redevelopment / Environmental and Green Issues / Transactional Real Estate and Leasing

On February 25, 2011

For the first time, the LexisNexis Environmental Law & Climate Change Community is honoring a select group of blogs that they believe set the online standard for the practice area. This Real Property & Environmental Law Alert is among the nominees. According to LexisNexis, they selected the nominees based on timely topics, quality writing, frequent posts and that certain something ‘extra’ that keeps a web audience coming back for more. They described our blog as follows: “A rotating group of contributors writes about transactional real estate, development and redevelopment, and environmental law. Although there is some focus on developments in New Jersey, New York, Philadelphia and Delaware, the content is also national in scope.”

Howard Geneslaw to Serve as a Panelist at NJICLE’s 2011 Land Use Update

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Posted in Development/Redevelopment / Transactional Real Estate and Leasing

On February 10, 2011

Howard Geneslaw, a Director in the Gibbons Real Property & Environmental Department, will be a panelist at the 2011 Land Use Update event on February 16, 2011, sponsored by the New Jersey Institute for Continuing Legal Education. This all day program will provide in-depth coverage and discussions of recent developments in New Jersey land use law.

Gibbons Directors Douglas Janacek and Russell Bershad Recognized as Leading Real Estate Lawyers

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Posted in Development/Redevelopment / Transactional Real Estate and Leasing

On January 21, 2011

Douglas Janacek and Russell Bershad, Co-Chairs of Gibbons Real Property & Environmental Department were each recognized as leading real estate practitioners in recent industry publications. Doug was one of 12 lawyers to be included in a feature story on the leading real estate attorneys in the state in New Jersey & Company’s November/December issue.

Expansion of Philadelphia Minimum Wage and Benefit Standards Could Impact Retail and Restaurant Tenants

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Posted in Transactional Real Estate and Leasing

On January 20, 2011

Under a newly enacted City of Philadelphia Ordinance, some tenants in properties developed with financial assistance by the City of Philadelphia may now be required to comply with a minimum wage requirement that is 150% of the federal minimum wage. Benefits provided to full-time employees of tenants may also be impacted.

New Jersey Bulk Sales Act — Division of Taxation Posts Expanded Frequently Asked Questions and Answers

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Posted in Transactional Real Estate and Leasing

On January 6, 2011

Recently, this past December, the New Jersey Division of Taxation posted expanded Frequently Asked Questions and responses regarding the Bulk Sales Act, NJSA 54:50-38. Given the breadth of the Act, which was expanded a couple of years ago to cover transactions in which any seller makes a bulk sale, not just sellers who collect and remit sales tax, a review of these new FAQs is advisable.

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