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TAX CERTIORARI AND CONDEMNATION LAW
SAHN WARD & BAKER has a highly specialized real estate tax certiorari and condemnation law practice. The Firm assists its clients in solving problems relating to tax exemptions, industrial development agency PILOT agreements (payment in lieu of tax agreements) and real estate tax assessment issues.
While a large portion of the Firm’s practice is devoted to real estate transactions, land use and zoning matters and commercial litigation, the Firm represents its clients in tax certiorari and condemnation proceedings, as necessary. In this regard, the Firm often consults with specialized co-counsel in matters of tax certiorari proceedings seeking refunds of real estate tax payments.
By way of example of the Firm’s
practice in these areas are the following matters:
The Firm represented a client that purchased a large, commercial horse
farm that had previously benefited from a special agricultural assessment
worth more than $300,000.00 in real estate tax exemptions. When the
Firm’s client received a tax bill that did not include the exemption,
and after an appropriate investigation by the Firm, the Firm represented
the client in proceedings to reinstate the exemption even after the renewal
application had been initially rejected by the County.
The Firm represented a client in a condemnation proceeding where the client contested the amount of the condemnation award made by the municipality for the taking of the client’s property in order to complete an economic development project within the municipality. After the submission of expert reports from appraisers and the trial of the action in Supreme Court, Nassau County, the Firm obtained for the client a significant award in excess of the offer made by the municipality.
The Firm represented a client in the negotiation of a complex PILOT agreement in connection with industrial revenue bond financing provided by the Nassau County Industrial Development Agency to allow for the expansion of the client’s warehouse and distribution facility in Port Washington, New York.
With co-counsel specializing in real estate tax certiorari proceedings, the Firm has achieved significant refunds of real estate tax payments made by the Firm’s clients or, as appropriate, reductions in the assessed valuation of properties for prior, current and future tax years.