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New Jersey's Tax Exempt Property

BRIEF HISTORYGenerally, prior to 1900 New program into one State Budget line
Jersey local tax assessors seldom entered item.In 1985 the New Jersey Tax
a complete list of tax exempt property Assessment Study Commission looked into
located within their municipality on the Tax Exempt Property problem and
their tax rolls. Why should they, nobody determined that while exempt property
would ever think about levying a property owners paid a "ready and available fee"
tax on governmental, educational, church to their local water utility to use water
or other property used for charitable up "on demand" and be billed for its
purposes. It made little sense to those usage those same exempt property owners
early property tax assessors to spend the did not pay their municipal governments
resources to find, list and value such for their public work departments or
tax exempt property. Why, taxing police departments to have those public
government and other tax exempt property servants and their equipment "ready and
owners that served fundamentally public available" to meet the needs of the
rather than private interests would be exempt property owners when required.The
just taking publics money from one pocket Commission made estimates as to the
and putting it in the other pocket, amount of revenue that could be raised
right?Tax exemption cases brought before Statewide if such taxing authority was
the New Jersey Courts after 1900 show given to municipal governments by the
many questionable property tax exemption Sate and recommended that the Legislature
claims were filed by not for profit adopt such a law. Of course the
entities. Assessors found that tax Legislature acted swiftly to draft a
exempt property owners organized for legislative resolution stating that the
charitable and religious purposes leased Legislature had no knowledge of and in no
their tax exempt property rights to other way supported such a user fee on churches
for profit businesses. At the same time and other not for profit charitable and
other educational institutions went way educational institutions.LESSONS LEARNED
beyond the charges set forth in their AND THE FUTUREEncourage local tax
charter's provisions by including under assessors to remain vigilant in granting
their tax exemption umbrella such tax exemptions to only those property
questionable property uses as polo fields owners who meet the letter of the law.
for the use of their students and other Do not attempt to impose user fees on tax
private polo teams. With increasing exempt property during sunlight hours in
complaints about the abuses of tax exempt Trenton. Partisan Legislative staff
claims some local tax assessors began to should remind their legislators that the
assess certain questionable educational, clergy can speak from the pulpit on
charitable and church property owners for Sunday about the foolish and wrong headed
property that was not being used strictly user fee proposals of legislators who
for their chartered tax exempt suggest imposing user fees on churches
purposes.Of course, these tax exempt and the November elections falls on a
property owners complained to their Tuesday only two short days from the
legislators in Trenton about the wrongs Sunday sermon.If history is any
caused them by the local property tax prediction of the future then New Jersey
assessor. Their government may see more State owned properties like
representatives in Trenton then started the Garden State Art Center have its name
to provide some standards in the property leased out for a profit. Perhaps one day
tax law for the tax assessors to follow. instead of the Atlantic City Expressway
So, for different uses of exempt New Jersey will have the Trump Expressway
property, presumably based on the or the Mack Truck Turnpike. It is even
worthiness to society of a particular possible that one day New Jersey will
property's use, the law specified sell its Sate House to a large
different standards. School buildings corporation to raise needed revenues and
for example had to be actually used for then rent it back. Would that require
their intended purpose, while buildings more friendly Sate treatment of the
for the work of churches had to be corporate community, else eviction could
actually and exclusively used for ensue? Perhaps it really comes down to
religious purposes, etc. Then County the public being vigilant watch dogs.
Boards of Taxation and the State Courts Why not require the Division of Taxation
had to begin settling disputes over what to post on its web page a listing of Tax
those terms meant in actual Exempt Property, by municipality, by
application.Today, the property tax ownership and by purpose? Property
exemption battle continues. Should your taxation is a battle, and the tax
church be able to build a large building assessors in New Jersey need the support
to lease to a For Profit Day Care Center of the public to enforce the letter of
and with the rent money pay off the the law.A New Jersey Governor one day may
building's mortgage? Does a private sign a law permitting the sale, lease, or
school need a golf course for golfers who granting of naming rights on State Owned
are not students when school is out so as Property to raise money for some
to defray the expense of the golf course? worthwhile State purpose. Such revenue
These are the questions that local tax could be used to pay off State Debt so as
assessors, the courts and the government to free up cash for property tax relief.
in Trenton struggles with daily.GOLD MINE The payment streams from such activities
OR MINE FIELDPrior to the Cahill Tax could become a new source of annual State
Policy Commission in 1973 other Tax revenue. Once the State government
Commissions created by the Legislature adopted this new funding mechanism my
had looked solely into the legal status guess is that the local municipal and
of tax exempt property in New Jersey and county governments would follow suit soon
took extensive testimony concerning thereafter. If State and Local
perceived tax exempt property abuses. governments keep doing the same fiscal
Nevertheless, little could be done things over and over and hoping to find
legislatively at that time because there new sources of revenue they will never be
was no Statewide tabulation of Exempt able to fully serve their citizens.I also
Property values in New Jersey and think it would be all right for the State
therefore the fiscal tax impact locally to sell certain State owned property, so
of changes in the law could not be long as that sale did not jeopardize the
weighed by the State Government decision future economic prosperity of the State
makers.To remedy that problem the or threaten the future safety of its
Division of Taxation in 1971, at the people. For example, the sale of the New
request of the Cahill Tax Policy Jersey Turnpike or Garden State Parkway
Commission took on the job of collecting would leave the business and people in
over 100,000 exempt properties listed by New Jersey who depend on those vital
Local Tax Assessors on their local Tax arteries at the mercy of a profit driven
Exempt Lists. The submission of Governor corporation. However, the sale and lease
Cahill's Tax Policy Report to the back of a State warehouse would free up
legislature was delayed so that the cash to pay off State debt that is eating
Exempt Property Study could be completed into the State's ability to provide vital
because it was thought that such a list services and provide property tax relief.
could contain the pot of gold needed to The State might even sell a State
avert major new tax increases to pay for property and use part of the proceeds to
property tax relief. The study was invest in other property that holds the
finished and its results were reported in potential to increase substantially in
the ensuing Tax Policy Commission Report value in the future. My point is that
with recommendations that in large did State asset and debt management needs a
not meet the political and social needs higher viability than it now
of the day for a new source of revenue receives.Biography: Gerald ‘Jerry'
for property tax relief.However, while no Dowgin "The Property Tax Doctor" and the
new revenue source for property tax author of the Homeowner's Assessment
relief was found because of the Exempt Review Guide ( a former tax assessor
Property Study, the large concentrations worked in the field of public finance at
of exempt property found in certain the State and local levels in New Jersey
cities and towns lead to the adoption of for more than three decades until his
a State Aid Program called the PILOT retirement in 2001. As a Supervising
Program which stood for "payments in lieu Tax Analyst in the Office of Research and
of taxes." In essence, the State made Statistics in the Division of Taxation in
payments to municipalities at the the New Jersey Department of Treasury he
effective municipal purpose tax rate for worked principally on local property tax
certain properties owned by the State. issues. Then he joined the Office of
Those Sate Aid payments over the years Legislative Services (OLS) in 1983 and
were seldom fully funded according to the served as the Secretary to the New Jersey
formula set forth in the law because the Property Tax Assessment Study Commission
program had its pay out level reduced by for four years. While working in the
a fixed percentage for many State Budget OLS, Local Government Section he
years. Then the PILOT program was researched, drafted, and estimated the
incorporated into the COMPTRA State aid cost of the Senior Property Tax Freeze
program which in effect locked up both Bill which was signed onto law and worked
the property values used to calculate its on legislation that became law that
funding along with the local effective virtually stopped the tax assessment
municipal purposes tax rates used in the practice of "Spot Assessments" in New
formula at a static level. That COMPTRA Jersey that had treated many property
program consolidated more than a dozen taxpayers unfairly.
State aid programs along with the PILOT




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