90-Year Lease? Still a Renter, Says Miami Developer Fighting Property Tax Bill
Miami developer Dadeland Station Associates Ltd. successfully argued it was still a renter, and therefore not liable for property taxes, on a site where it holds a 90-year lease.
May 04, 2017 at 02:00 AM
6 minute read
What's the difference between 90 years and forever? More than $400,000 in property taxes for a long-term renter treated as equitable owner because of decades of control over county land.
But the tenant, Berkowitz Development Group affiliate Dadeland Station Associates Ltd., contested the bill, arguing it was still a renter despite the 90-year arrangement, and therefore not liable for Miami-Dade property taxes.
The county disagreed. Bolstered by a Florida Supreme Court ruling from 2014, it issued the nearly half a million-dollar tab. Its rationale: Dadeland Station Associates enjoyed a slew of ownership privileges and responsibilities, like paying insurance dues, controlling signage, a right to mortgage parts of the premises and the freedom to sublease.
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