INTERESTING POST

Sen. Barry Goldwater at Voice of Reason has an interesting post on Long Branch, the erstwhile vacation spot of presidents (Ulysses S. Grant, Rutherford B. Hayes, James A. Garfield, Chester A. Arthur, Benjamin Harrison, William McKinley, and Woodrow Wilson) that has now become a major battlefield in the war against eminent domain abuse.

EMINENT DOMAIN ABUSE

"...nor shall private property be taken for public use, without just compensation."
...Fifth Amendment to the U. S. Constitution.

"Private property shall not be taken for public use without just compensation. Individuals or private corporations shall not be authorized to take private property for public use without just compensation first made to the owners."
Article 1, Section 20 of the New Jersey State Constitution .

There's eminent domain, and there's eminent domain abuse. What's the difference?
A lot.
Eminent domain was addressed by the Founding Fathers for the specific reason that they wished to limit the power of government. They had just become independent of the dictatorial King George III's United Kingdom, and wanted to prevent any repeat of that nightmare.
The Founders worded this very carefully. Public use specifically meant roads, bridges, parks, schools and other public buildings. It did not mean taking a farmer's land and modest home so a wealthy planter could build a plantation, no matter how well-connected the planter. The Founders specifically wanted to protect the private property owner from siezure by government for the benefit of some lord or baron, as was a problem under the British regime.
Here in Monmouth County, the City of Long Branch under the administration of Democratic Mayor Adam Schneider is the No. 1 poster child for eminent domain abuse, but the issue has reared its ugly head in other towns as well. That list can grow much longer when you include such below-the-radar abuses as using the threat of eminent domain to force an owner to negotiate. With such a sword of Damocles hanging over their heads, many owners feel they have no choice but to sell.
Some municipalities have brought the debate to the local level, as in Neptune Township Committeeman Tom Catley's proposal to limit the use of eminent domain in his township's redevelopment program.
That eminent domain is for public improvements is true, but the rampant abuse on behalf of developers has given the process a bad name, even when used in its legitimate application.
The Monmouth County Board of Chosen Freeholders plan to replace Hubbard's Bridge, which carries West Front Street across the Navesink River between Middletown and Red Bank. The design calls for the aquisition of private property for the bridge approach.
One of the owners in question is Pat Walsh, who has filed as a Democrat for assembly in the 13th District, specifically targeting Assemblywoman Amy Handlin (R - 13th). One of her issues is eminent domain abuse, even though the county's application of eminent domain here would clearly fall under legitimate use. Ironically, Walsh finds herself in the same party as Mayor Schneider and other eminent domain true - believers. That must make for some very interesting Democratic dinners. That aside, she would hardly be an effective legislative voice against eminent domain abuse. Nearly two years after the U. S. Supreme Court's Kelo v New London decision, some states have enacted reforms; New Jersey's moribund reforms continue to languish in the Democratic - controlled Legislature. In other words, if the Democrats wanted to reform eminent domain and protect homeowners from the big developers, they would have long since enacted the reforms.
They haven't and that's telling.

Dino's Forum has an interesting post on this issue.

THE LEGISLATIVE ELECTIONS

Up for election this year are all 120 members of the New Jersey Legislature.
Since the 2001 election, both houses have been in Democratic hands. Before that, the GOP held majorities in both houses for over a decade.
Can we win it back this year?
That depends. Some say the Republicans are weaker because of the retirement of a number of veteran lawmakers, including Sen. Joe Palaia and Assemblyman Steve Corodemus. But are we? Here in Monmouth County, we have strong Legislative candidates in each district. It may matter more what we as Republicans stand for.

Having a strong set of statewide issues on which to run is a powerful start. The Democratic Legislature has received some very bad publicity of late, topped off with the Feds investigating the supposedly non-partisan Office of Legislative Services.
If we strongly state what we are for, rather than meekly what we're against, we can do this. Here is a list, not in any particular order, of some important issues:

• Property Taxes - Time to wrap up this issue. New Jersey has had the highest in the nation for far too many years, under both Republicans and Democrats. This issue calls for a hard look at school funding, as well as an elimination of duplication of municipal services. Creating another "rebate" for those who "qualify" after jumping through a fiery hoop, and which can be rescinded at any time doesn't cut it.
• School Funding - Goes hand in hand with property taxes. We can't keep funding education the way we do. This includes a reform or abolition of the so-called Abbott Districts. More is spent per student in these districts than in many upper-crust private schools, yet Johnny still can't read, let alone graduate. Nothing will change here either as long as the school monies are sent right into the hands of the urban Democratic machine bosses.
• Ethics - You can talk about ethics all you want, but, like gun control, if you're not going to enforce the laws already on the books, nothing's going to change. U. S. Attorney Chris Christie is doing a good job sending corrupt pols to jail, but he's the only one. The much-celebrated State Attorney General Stuart Rabner, appointed by the Bozo-coiffed Gov. Jon Corzine, has done little or nothing in that regard. The Legislature too must seriously police the ethics of its members, and drop the club atmosphere.
• Legal Reform - This issue covers a number of subcategories, including personal injury. Frivolous lawsuits, many by serial litigators, must be stopped, but this must not be tightened up to the point that we hurt legitimate people. This issue also includes judicial appointments. Although appointed by the governor, these positions are confirmed by the State Senate. There is no reason that the Senate should confirm any stiff the governor nominates. Having good, solid judges and justices, and not lightweights like Deborah "Because I Said So" Poritz, will go a long way towards cleaning up the legal system. It will also have a positive ripple effect in many other issues, too.
• Regulatory Reform - Overregulation is what keeps jobs out of New Jersey. Make no mistake, we are in competition with other states for businesses (= jobs). If we don't compete, we fall behind. Simple as that. It's already happening.
• Oppose Overdevelopment - And mean it. This goes back to property taxes. Towns go on a "ratable chase", supposedly to keep taxes stable. But it just becomes like climbing a mountain looking for the top when there is no top. Overdevelopment leads to...
• Eminent Domain - A hot button issue if there ever was one. Right here in Monmouth County is Long Branch, which is becoming a national poster child for eminent domain abuse. The arrogance of Democratic Mayor Adam Schneider on this issue just attracts more attention. Eminent domain was intended for public works like roads, bridges and parks. The abuse of the process to make rich developers richer only hurts the process when it is used for its intended purpose. Time for some reform here with teeth. Sharp teeth.

This list could go on and on. As I said above, we have a strong legislative team here in our Monmouth County districts, both incumbents and newcomers. Our team will only become stronger with strong stands on issues that are important to Monmouth County voters.

EMINENT DOMAIN DEBATE TURNS UGLIER

UPDATE -- July 22

The Halper family has left the property.

--

"(Clara) Halper expressed frustration with Judge James P. Hurley, whom she said called for the Halpers to leave peacefully today to reduce the chances of someone being harmed. Sheriff's officers will be on hand today to enforce the eviction order, if necessary.
'Do I take that as a threat when he says someone is going to get hurt?" she said. "Can you imagine a judge telling you this?'" ...From The Asbury Park Press.

Now, whether Hurley actually said that or not is utterly beside the point. The fact remains that it is a wonder that with all the eminent domain abuse nationwide that nobody (That I'm aware of.) has been hurt or killed. When I try to put myself in the shoes of the homeowner facing loss of their property, sometimes after being in a family for generations, for the purpose of a developer making money, I can't even fathom the horror they must be going through. When I try to put myself in the shoes of the developers, politicians and judges who steal people's homes and property, I would think that they would have to spend their lives looking over their shoulder and sleeping with one eye open. The Monmouth County Republican Blog in no way shape or form advocates turning to violence in this or any other issue. There are legitimate groups like The Castle Coalition which were formed to protect private property.

Eminent domain was set up for very limited purposes; for public uses. The Fifth Amendment to the United States Constitution states: "...nor to be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." That's public use, not some ethereal public so-called benefit as the eminent domain skells say.

The Founders worded this very carefully. Public use specifically meant roads, bridges, parks and public buildings. It did not mean taking a farmer's land and modest home so a wealthy planter could build a plantation, no matter how well-connected the planter. The Founders specifically wanted to protect the private property owner from siezure by government for the benefit of some lord or baron, as was a problem under the British regime.

Here in Monmouth County, the City of Long Branch under the administration of Mayor Adam Schneider (D) is the number 1 poster child for eminent domain abuse, but the issue has reared its ugly head in other towns as well. That list can grow much longer when you include such below-the-radar abuses as using the threat of eminent domain to force an owner to negotiate. With such a sword of Damocles hanging over their heads, many owners feel they have no choice but to sell.

Thirteen months after the U. S. Supreme Court's diabolical Kelo decision, some states have enacted reforms; New Jersey's reforms so far have languished in the Legislature.

Many bills have been introduced; Monmouth County's Assembly members Jen Beck and Sean Kean are among the leaders in eminent domain reform in New Jersey. Former State Senator and Assemblyman Joe Azzolina has also weighed in on this.

One theory given as to why reform has been held up is that with Democratic majorities in both houses of the State Legislature, policies are weighted towards the cities, which are largely under the control of Democratic bosses. A number of these cities have redevelopment programs with just the kind of eminent domain abuse that needs to be reformed. Delaying enactment of reforms only buys time for these projects and the players involved.

The Halper family farm in Piscataway Township, may actually be considered a legitimate use of the eminent domain process as the township wants the land for open space, however the issue runs a lot deeper than that. This is the very property which became embroiled in the "Machiavelli" scandal, which involved none other than former Governor James Edward Hyde McGreevey himself. It might not be a bad idea for Piscataway to just drop it.

U. S. SUPREME COURT BLOWS IT BADLY THIS TIME!

Yesterday's Supreme Court decision, Kelo v New London, will go down in history as one of the worst decisions in decades. I won't ramble on here, as other conservative bloggers have covered this quite well.
I will, however, point out that this has developers absolutely silly with glee. Nobody's safe in Long Branch, Asbury Park, Red bank, Keyport or anywhere else politicians want to confiscate houses and land for "gifts" to their big developer cronies. Picture how Anthony "Mr. Marlboro" Spalliero must feel. Now he doesn't have to actually buy land for development; now he only needs to buy town officials. Yes, I know that Marlboro's new administration is on the straight & narrow; believe me, Spalliero and his ilk will just move their operation elsewhere like Howell or Aberdeen.
Five words of advice to property owners, here in New Jersey and elsewhere: Be afraid; be very afraid.

UPDATE

A Certain Slant of Light has addressed this issue from the "A man's home is his castle" viewpoint. Very valid. I would point out that by this court decision the "Lord of the Castle" has been reduced to serfdom.