Free Stipulation of Settlement (Local Property Tax) - New Jersey


File Size: 472.9 kB
Pages: 2
Date: January 27, 2010
File Format: PDF
State: New Jersey
Category: Court Forms - State
Word Count: 856 Words, 5,076 Characters
Page Size: Letter (8 1/2" x 11")
URL

http://www.judiciary.state.nj.us/taxcourt/forms/10337_stipulation_settlemnt.pdf

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Tax Court of New Jersey Docket No. Plaintiff, v.

Civil Action Stipulation of Settlement
(Local Property Tax)

Defendant.
1. It is hereby stipulated and agreed that the assessment of the following property(ies) be adjusted and a judgment entered as follows: Block: Lot: Street Address: Year: Original Assessment Land Improvements Total $ $ $ $ $ County Tax Board Assessment $ $ Requested Tax Court Judgment Unit/Qualifier:

0

$

0

$

0

2. The undersigned have made such examination of the value and proper assessment of the property(ies) and have obtained such appraisals, analysis and information with respect to the valuation and assessment of the property(ies) as they deem necessary and appropriate for the purpose of enabling them to enter into the stipulation. The assessor of the taxing district has been consulted by the attorney for the taxing district with respect to this settlement and has concurred. 3. Based upon the foregoing, the undersigned represent to the court that the above settlement will result in an assessment at the fair assessable value of the property(ies) consistent with assessing practices generally applicable in the taxing district as required by law.

Date

Signature of Plaintiff or Attorney for Plaintiff

Date

Signature of Attorney for Defendant

Revised 1/2010, CN 10337-English - Stipulation of Settlement

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NOTES TO STIPULATION OF SETTLEMENT FORM: 1. As an alternative to the submission of a stipulation of settlement, the settlement may be presented in open court on the record or by recorded telephone conference call. 2. This form may also be submitted by a taxpayer who is not represented by an attorney, in which case the taxpayer's signature on the stipulation of settlement will be followed by the words "pro se." 3. A stipulation of settlement submitted to the Tax Court must include the exact language as set forth below in order for it to be included in a final judgment. The Tax Court judgment will be silent if the stipulation of settlement contains any variation of the language below. For statutory interest: "Statutory interest, pursuant to N.J.S.A. 54:3-27.2, having been waived by taxpayer, shall not be paid." or "Statutory interest, pursuant to N.J.S.A. 54:3-27.2, having been waived by taxpayer, shall not be paid provided the tax refund is paid within 60 days of the date of entry of the Tax Court judgment." For application of the Freeze Act: "The parties agree that there has been no change in value or municipal-wide revaluation or reassessment adopted for the tax year(s) _______, and therefore agree that the provisions of N.J.S.A. 54:51A-8 (Freeze Act) shall be applicable to and a final disposition of this case and the entire controversy and of any actions pending or hereafter instituted by the parties concerning the assessment on the property referred to herein for said Freeze Act year(s). No Freeze Act year(s) shall be the basis for application of the Freeze Act for any subsequent year(s). 4. When the request for the Freeze Act is received after a Judgment has been issued by the Tax Court for the base year, it must be submitted on the Application for Judgment Pursuant to N.J.S.A. 54:51A-8 (Tax Court Freeze Act), Form 11016. 5. If the settlement involves more than one separately assessed property in the same complaint, a schedule may be attached listing the properties included in the stipulation, provided that the schedule contains the information as set forth in paragraph one of the Stipulation of Settlement form. 6. If the settlement involves condominium units, please provide a copy of the Condominium Schedule you completed when filing your complaint. Fill in the column marked "Requested Tax Court Judgment" and attach it to the stipulation. 7. The stipulation may include more than one year but a copy of the stipulation must be furnished for each separate docket number (except condominiums). 8. The Tax Court will only issue judgments for years for which the court has jurisdiction. Settlement stipulations should not include any year for which the court does not have jurisdiction. The only exception is if the settlement includes the application of the Freeze Act for a subsequent year if the stipulation is executed after October 1 of the year for which the Freeze Act is to be applied. The Freeze Act will be applied if there is no change in value or revaluation or reassessment for the year to which the Freeze Act in to be applied and if the proposed Freeze Act figures to be applied by the Tax Court are the same an the figures in the Tax Court Judgment for the base year to which the Freeze Act is to be applied. PLEASE SEND THE EXECUTED STIPULATION OF SETTLEMENT TO THE JUDGE ASSIGNED TO THE CASE. IF THE CASE HAS NOT YET BEEN ASSIGNED TO A JUDGE, SEND IT TO THE TAX COURT MANAGEMENT OFFICE, HUGHES JUSTICE COMPLEX, P. O. BOX 972, TRENTON, NJ 08625-0972.
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