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In-Depth Information
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- Flying High without
PILOTs: Town of Brooklines Use of a Ground Lease to Thwart
Property Tax Exemption for a Charitable Non-profit
- By Arshag A. Mazmanian, Esq. , October 1, 2007
The Town of Brookline, Massachusetts, granted a re-zoning
to accommodate a non-conforming structure proposed by a non-profit,
while the Town concurrently acquired the property for ground-leaseback
to a developer so that this entity could collect then rent on
the sublet ground lease to the non-profit. The portion of the
rent equivalent to the real estate taxes that would have been
paid if the land were both owned and occupied by a non-charitable
entity is paid by the developer to the Town. The Town thereby
evades the situation of receiving minimal revenue through PILOTs
(payment in lieu of taxes), at most, by a tax-exempt property
owner.
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Tax
Base Eroded by Shifting Court Sentiment
- By Carol W. LaGrasse (Originally printed in the August 17,
1992 Capital District Business Review, Albany, N.Y.)
The U.S. Supreme Court ruling in the Lucas case is
a bellwether indicator of the direction that land use regulations
and environmental controls affecting property are taking. That
direction will be to dig deep into the public pocketbook to pay
for the cost of the controls to individual owners.
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- Allodial
TitleAn E-mail Exchange - by Carol W. LaGrasse
(PRFA, November 18, 2003)
A straightforward response to an urgent inquiry from a web
site visitor imagining that he can protect his property by filing
an allodial deed. People are told that they can avoid building
restrictions and real estate taxes.
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