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Tax appeals and net leased properties: Bruce Stavitsky discusses recent court decisions in property tax litigation that concern net leased properties.

Journal of State Taxation

| July 01, 2007 | Stavitsky, Bruce | COPYRIGHT 2007 CCH, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

What Is Real Property?

Real property has been defined as including "all interests, benefits, and rights inherent in the ownership of physical real estate." Real estate is defined as the "physical land and appurtenances affixed to the land such as structures. Real estate is immobile and tangible." (1) Recent decisions by some courts in property tax litigation have been turning that definition on its head and it is important that practitioners address this issue at this time. The decisions focus on net leased drug stores encumbered by long-term net leases at rates that are typically above market for retail properties similar in size, age, condition and location.

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