Opinion

C. F. Mueller Co. v. State Board of Tax Appeals

  • 126 N.J.L. 141
  • 18 A.2d 564
  • 1941 N.J. Sup. Ct. LEXIS 220
Court
Supreme Court of New Jersey
Filed
Mar 3, 1941
Status
Published
Author
Bodine
On the bench
Bodine
Cited by
0 cases

The opinion

Bodine, J.

(At chambers.)

Certiorari

was allowed to review a tax assessment of $16,980 for the year 1939, upon prosecutor’s lands in the borough of Maywood. The evidence examined discloses that the true value of the property is $4,800. It, therefore, becomes our duty to reduce the assessment to that amount.

Lawrence Township

v.

State Board, &c.,

124 N.

J. L.

465;

Tennant

v.

Jersey City,

122

Id.

174;

Gannon

v.

State Board,

123

Id.

450.

The proofs disclose that the land in question, slightly less than nine acres, is composed of a number of lots not all contiguous. Streets were laid out on paper, some of which are dead enders. Sewers were laid, at prosecutor’s expense, but the manholes will have to be rebuilt to grade. The land is overgrown with underbrush. No pavements have been laid, nor has the land been graded. The property may become town lots some day, if and when great sums of money are expended in order to remove it from the sphere of wild lands. Assessments must be based upon facts and not on hopes. The borough acquired other lands in the neighborhood at a cost of $530 an acre. The land was converted into a playground.

Prosecutor has offered to sell the property for $5,000. It

*142

can find no purchaser at any price. The time may come when a wilderness blossoms into a town with streets, sidewalks and graded lots covered with neat houses. Till that day comes, the wilderness lots have no greater value than any untillable acreage.

The assessment will be reduced as suggested.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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