The eminent domain outlaws
Songwriter Woody Guthrie, who chronicled the injustices of the 1930s, wrote in "The Ballad of Pretty Boy Floyd": "Some will rob you with a six gun ... And some with a fountain pen ... And as through your life you travel ... You won't never see an outlaw drive a family from their home."
Those words embody the horror of eminent domain abuse. Under the guise of "economic redevelopment," politicians and their developer friends are stealing people's homes and businesses. These modern outlaws are armed with bogus "studies." Fast-talking politicians are promising communities riches, but they are abusing the law to enrich only themselves and their friends. Entire communities, from trailer-park residents in Bergen County to business owners in New Brunswick to families in Long Branch, are facing upheaval just so bankers and developers can make millions on property they have no right to own.
Politicians in Trenton are deaf to the pleas of people like the Halpers in Piscataway, who lost their farm, and Lou and Lil Anza lone, an 89-year-old couple in Long Branch who are losing the place they have called home for half a century.
In 70 years, apparently not much has changed in America.
-- Ed Mueller, New Brunswick
The writer's property in New Brunswick has been condemned.
Just for the record, the Halpers have not actively farmed that property for years. In fact I would be so bold as to say that the Halpers are not farmers. The Halpers have been portrayed as farmers because the public generally has a soft spot for farmers, especially if they are being thrown off their land. It is also my understanding that the Halpers were not happy with the State Ag Development Committees offer to preserve their acreage under farmland preservation, which would have provided protection from eminent domain. Eminent domain is a tool which can successfully result in broad public benefit. Without eminent domain we would not have the Deleware Water Gap nor Six Mile Run.
ReplyDelete-Farmer JIm
The Long Branch eminent domain battle actually had a song written about it. I can't tell you whether it's any good or not because I can't get the link to play, but here it is:
ReplyDeletehttp://www.mtotsa.com/SongForBeachfrontNorth_RyanDoyle.mp3
Lindsey
The Delaware Water Gap & Six Mile Run fit within the traditional interpretation of takings for public purpose -- both were originally taken for reservoirs, although DWG's was handled very badly.
ReplyDeleteThe taking of Mueller's property for a condo tower doesn't fall within that category. Halper's situtation isn't as clear cut, but the whole extortion mess related to the issue highlights the potential for abuse.
It is my understanding that the Halpers were entertaining offers from developers. Their objection to the offers made by farmland preservation related to price, as very commonly has happened in the hot market of the last 5 years. I believe the property, is now intended for open space, ie soccer fields, etc. The point I had hoped to make was that eminent domain is not entirely about the taking of land for luxury redevelopment.
ReplyDeleteProperty rights have always been an evolving blend of private and public rights with the later actually having more emphasis historically, especially at the founding of the United States. For example, in a letter dated 10/28/1785, Jefferson wrote "Whenever there is in any country, uncultivated lands and unemployed poor, it is clear that the laws of property have been so far extended as to violate natural right. The earth is given as a common stock for man to labour and live on." Not exactly a rabid enunciation of modern property rights doctine, huh? For an excellant account of the historical development of the jurisprudence and case law of property rights see the book "The Land We Share", by Eric T. Freyfogle, Island Press, 2003
Farmer Jim
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